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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative McCarty
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1260
AN ACT TO BRING FORWARD SECTIONS 37-151-201, 37-151-203, 1
37-151-205, 37-151-207, 37-151-211, 37-151-213, 37-57-104, 2
37-57-105, 37-57-107, 37-61-33, 7-7-211, 19-9-157, 19-9-171, 3
27-39-317, 37-3-83, 37-15-38, 37-16-3, 37-17-6, 37-22-5, 37-28-55, 4
37-61-3, 37-61-5, 37-61-7, 37-61-35, 37-61-37, 37-151-81, 5
37-151-85, 37-151-95, 37-151-97, 41-79-5, 43-17-5, 27-104-351, 6
25-11-126, 37-159-7, 37-23-31, 37-23-33, 37-23-35, 37-151-209, 7
37-151-215, 37-57-1, 27-65-75, 1-3-26, 25-4-29, 27-25-706, 8
27-33-3, 29-3-47, 29-3-49, 29-3-113, 29-3-137, 31-7-9, 31-7-10, 9
37-1-3, 37-3-11, 37-7-208, 37-7-301, 37-7-302, 37-7-303, 37-7-307, 10
37-7-319, 37-7-333, 37-7-419, 37-9-17, 37-9-23, 37-9-25, 37-9-33, 11
37-9-35, 37-9-37, 37-9-77, 37-11-11, 37-13-63, 37-13-64, 37-13-69, 12
37-19-7, 37-21-6, 37-21-7, 37-23-1, 37-23-15, 37-23-69, 37-23-109, 13
37-23-179, 37-27-55, 37-27-57, 37-28-5, 37-28-53, 37-29-1, 14
37-29-272, 37-29-303, 37-31-13, 37-31-75, 37-35-3, 37-37-3, 15
37-41-7, 37-45-49, 37-47-9, 37-47-25, 37-47-33, 37-61-19, 16
37-61-29, 37-68-7, 37-131-7, 37-131-9, 37-131-11, 37-151-9, 17
37-151-87, 37-151-89, 37-151-91, 37-151-93, 37-151-99, 37-151-101, 18
37-151-103, 37-151-105, 37-151-107, 37-173-9, 37-173-13, 19
37-175-13, 37-179-3, 37-181-7 AND 65-26-9, MISSISSIPPI CODE OF 20
1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED 21
PURPOSES. 22
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 23
SECTION 1. Section 37-151-201, Mississippi Code of 1972, is 24
brought forward as follows: 25
37-151-201. The following words and phrases have the 26
meanings ascribed in this section unless the context clearly 27
indicates otherwise: 28
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(a) "Base amount" or "student base amount" means the 29
student base funding level that is established in the funding 30
formula as the estimated cost of educating a student with no 31
additional measured needs or special factors. 32
(b) "Career and technical education course" or "CTE 33
course" means a credit-bearing course that has been approved and 34
classified by the department as a career and technical education, 35
or CTE, course. 36
(c) "Charter school" means a public school that is 37
established and operating under the terms of a charter contract 38
pursuant to Chapter 28, Title 37, Mississippi Code of 1972. 39
(d) "Department" means the State Department of 40
Education. 41
(e) "English Language Learner" or "ELL" means a student 42
identified in accordance with federal law as entitled to English 43
as a second language or bilingual services on the basis of the 44
student's English language proficiency. 45
(f) "Final weighted enrollment" means the final product 46
of applying weights to the net enrollment of a school district or 47
charter school after accounting for the sparsity of a school 48
district or charter school, as determined in Section 37-151-205. 49
(g) "Gifted student" means a student identified as 50
eligible to participate in a gifted education program for the 51
instruction of intellectually or academically gifted children, as 52
defined and provided for in Sections 37-23-171 through 37-23-181. 53
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(h) "Local contribution" means the amount of local tax 54
money that school districts or charter schools must contribute to 55
the cost of the funding formula for their district or charter 56
school in a given fiscal year, as determined under Section 57
37-151-211. 58
(i) "Local minimum tax effort" means the amount in 59
taxes that the local levying authority for each school district 60
must raise on behalf of the school districts and charter schools 61
in its geographic boundaries, as determined under Section 62
37-151-211. 63
(j) "Low income student" means a student who has been 64
identified by the department, through inclusion in the identified 65
student percentage, as having been approved for free meals based 66
on documentation of: 67
(i) Receipt of benefits from the following 68
federally funded programs: 69
1. Supplemental Nutrition Assistance Program 70
(SNAP); 71
2. Temporary Assistance for Needy Families 72
(TANF); 73
3. Food Distribution Program on Indian 74
Reservations (FDPIR); or 75
4. Medicaid, where applicable, as approved by 76
United States Department of Agriculture (USDA) to conduct matching 77
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with Medicaid data to identify children eligible for free meals; 78
or 79
(ii) The inclusion of students who are identified 80
as homeless children, migrant children, runaway children or Head 81
Start children, who are approved for free school meals without 82
application and not subject to verification, which includes foster 83
children certified for free meals through means other than an 84
application for free and reduced price school meals. 85
(k) "Net enrollment" means the average of the total 86
aggregate student enrollment of a school district or charter 87
school on the last day of months two (2) and three (3) of the 88
previous school year. The total aggregate student enrollment for 89
each day may be determined by calculating the total number of 90
students enrolled plus or minus the total number of new student 91
enrollments or withdrawals, respectively, with the resulting 92
amount being considered the total aggregate student enrollment on 93
a given day. However, if a local school board or the governing 94
board of a charter school adopts a class schedule that operates 95
throughout the year for any or all schools in the district or the 96
charter school, net enrollment must be computed by the State 97
Department of Education so that the resulting net enrollment will 98
not be higher or lower than if the local school board or the 99
governing board had not adopted a year-round schedule. 100
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(l) "Preliminary weighted enrollment" means the initial 101
product of applying weights to the net enrollment of a school 102
district or charter school, as determined in Section 37-151-205. 103
(m) "School board" means a governmental board 104
exercising management and control over a school district and the 105
schools of that district pursuant to the Mississippi Constitution 106
of 1890 and state statutes. 107
(n) "School district" or "district" means a 108
governmental entity that establishes and supervises one or more 109
public schools within its geographical limits pursuant to state 110
statutes. 111
(o) "Sparsely populated district or charter school" 112
means a school district or charter school with a density of less 113
than eight (8) students per square mile, as determined by dividing 114
the net enrollment of a district or charter school by the square 115
mileage within its geographic boundaries. For the purpose of 116
determining the sparsity of a charter school, the square mileage 117
of a charter school is equivalent to the square mileage within the 118
geographic boundaries of the school district in which the charter 119
school is located. 120
(p) "Special education program" means a program that 121
provides services for exceptional children, as defined and 122
authorized by Chapter 23, Title 37, Mississippi Code of 1972. 123
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(q) "State share" means the amount the state 124
contributes to the funding formula for the annual operating 125
funding of each school district or charter school. 126
(r) "Superintendent" means the administrative head of a 127
school district. 128
(s) "Total funding formula" means the formula used to 129
determine annual operating funding for public schools, as 130
prescribed in Sections 37-151-200 through 37-151-215. 131
(t) "Weight" or "weighting" means a multiplier used to 132
adjust the preliminary weighted enrollment and final weighted 133
enrollment to support the additional costs of educating students 134
in defined student populations or in a defined geographic context. 135
SECTION 2. Section 37-151-203, Mississippi Code of 1972, is 136
brought forward as follows: 137
37-151-203. (1) In fiscal year 2025, the student base 138
amount shall be Six Thousand Six Hundred Ninety-five Dollars and 139
Thirty-four Cents ($6,695.34) per student. In fiscal years 2026, 140
2027 and 2028, the inflationary adjustment described in this 141
section shall be applied to derive the total funding formula. In 142
fiscal year 2029, and every fourth fiscal year thereafter, the 143
State Board of Education, on or before August 1, with an adjusted 144
estimate no later than January 2, shall submit to the Legislative 145
Budget Office, the Chairmen of the Senate and House of 146
Representatives Appropriations and Education Committees, 147
respectively, the Lieutenant Governor and the Speaker of the House 148
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a new proposed student base amount calculation using the following 149
formula: 150
(a) Instructional cost. To determine the instructional 151
cost, the department shall first calculate the state's student to 152
teacher ratio. Such ratio shall be determined by dividing the net 153
enrollment for public schools and charter schools in the state by 154
the total number of teachers in such schools, as determined by the 155
department, in months two (2) and three (3) of the school year 156
preceding the year funds are to be appropriated. The student to 157
teacher ratio shall be rounded up to the nearest whole number. 158
After determining the student to teacher ratio, the average 159
teacher salary shall be divided by the student-teacher ratio, and 160
the resulting amount shall be considered the instructional cost. 161
The average teacher salary shall be calculated by the department 162
and include district local supplements as provided in Section 163
37-151-87, but shall not include the highest five percent (5%) and 164
lowest five percent (5%) of district local supplements. 165
(b) Administrative cost; which shall be twenty percent 166
(20%) of the instructional cost. 167
(c) Ancillary personnel and expenses; which shall be 168
thirty percent (30%) of the instructional cost. 169
(d) Operation and maintenance of plant. For the plant 170
and maintenance cost component, the State Department of Education 171
shall select districts that have a ratio of plant and maintenance 172
expenditures per one hundred thousand (100,000) square feet of 173
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building space and a ratio of maintenance workers per one hundred 174
thousand (100,000) square feet of building space that are both 175
between one (1) standard deviation above the mean and two (2) 176
standard deviations below the mean of the statewide average. The 177
plant and maintenance cost component shall be calculated by 178
dividing the latest available months one (1) through nine (9) 179
average daily attendance of the selected districts into the plant 180
and maintenance expenditures of these selected districts. For the 181
purpose of this calculation, the Department of Education shall use 182
the following funds, functions and objects: Fund 1120 Functions 183
2600-2699, Objects 100-699 and Objects 800-999; Fund 2711 184
Functions 2600-2699, Objects 100-699 and Objects 800-999; Fund 185
2430 Functions 2600-2699, Objects 100-699 and Objects 800-999. 186
Net enrollment means the percentage change from the prior year of 187
each year of each school district's months two (2) and three (3) 188
average of net enrollment for the three (3) immediately preceding 189
school years of the year for which funds are being appropriated. 190
(2) For purposes of these calculations, the State Department 191
of Education shall utilize financial data from the second 192
preceding year of the year for which funds are being appropriated. 193
(3) For each of the fiscal years between the recalculation 194
of the base student cost, the base student cost shall be increased 195
by an amount equal to twenty-five percent (25%) of the base 196
student cost for the previous fiscal year, multiplied by the 197
twenty year average annual change in the rate of inflation rounded 198
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up to the nearest tenth of a percent for the State of Mississippi 199
as determined by the State Economist, plus any adjustments for 200
additional state requirements including, but not limited to, 201
teacher pay raises and health insurance premium increases. The 202
calculation shall be performed annually by the Department of 203
Education, and the resulting amount shall replace base student 204
cost from the previous year. 205
(4) In years when the total revenue of the state does not 206
increase, the Legislature may retain the base student cost from 207
the previous year. If the total revenue increases the following 208
year, the formula shall be recalculated or increased according to 209
inflation as provided in Sections 37-151-200 through 37-151-215. 210
(5) Base student cost shall not be lower than the previous 211
year; provided, however, the base student cost may be lowered when 212
the State Fiscal Officer provides notice to the Legislative Budget 213
Office of a revenue shortfall in accordance with Section 214
27-104-13. 215
(6) By November 1, 2024, the department shall submit to the 216
Legislative Budget Office, the Chairmen of the Senate and House of 217
Representatives Appropriations and Education Committees, 218
respectively, the Lieutenant Governor and the Speaker of the 219
House, a report on the department's plan for implementation of the 220
funding formula as specified under the provisions of Sections 221
37-151-200 through 37-151-215, and to recommend any technical 222
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amendments necessary for its effective administration before the 223
commencement of the 2025 Regular Session of the Legislature. 224
(7) The annual amount of funding for the operation of each 225
school district and charter school under the total funding formula 226
as provided under Sections 37-151-200 through 37-151-215 is 227
determined by multiplying the student base amount, as determined 228
under Section 37-151-203, by the final weighted enrollment of the 229
school district or charter school, as determined under Section 230
37-151-205. 231
SECTION 3. Section 37-151-205, Mississippi Code of 1972, is 232
brought forward as follows: 233
37-151-205. (1) The preliminary weighted enrollment of each 234
school district and charter school under Sections 37-151-200 235
through 37-151-215 is determined by applying the weights 236
prescribed in this section, none of which are mutually exclusive 237
of another, to each applicable school district or charter school's 238
net enrollment, as determined by Section 37-151-207. To determine 239
additional funding authorized under this section, the number of 240
students in a school district that are identified as the 241
applicable weight shall be calculated as a percentage of the 242
students in the school district. Such amount shall be referred to 243
as the "percentage of applicable students." 244
(2) For students identified as low-income, as defined in 245
Section 37-151-201, the percentage of applicable students in the 246
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school district is multiplied by thirty one-hundredths (30/100), 247
and then multiplied by net enrollment. 248
(3) For students identified as English Language Learners, as 249
defined in Section 37-151-201, the percentage of applicable 250
students in the school district is multiplied by fifteen 251
one-hundredths (15/100), and then multiplied by net enrollment. 252
(4) The following weights are applied to students who are 253
identified as entitled to and receiving services in a special 254
education program: 255
(a) Tier I: For students diagnosed with a specific 256
learning disability, speech and language impairment, or 257
developmental delay, the percentage of applicable students in the 258
school district is multiplied by sixty one-hundredths (60/100), 259
and then multiplied by net enrollment. 260
(b) Tier II: For students diagnosed with autism, 261
hearing impairment, emotional disability, orthopedic impairment, 262
intellectual disability, or other health impairment, the 263
percentage of applicable students in the school district is 264
multiplied by one hundred ten one-hundredths (110/100), and then 265
multiplied by net enrollment. 266
(c) Tier III: For students diagnosed with visual 267
impairment, deaf-blindness, multiple disabilities, or traumatic 268
brain injury, the percentage of applicable students in the school 269
district is multiplied by one hundred thirty one-hundredths 270
(130/100), and then multiplied by net enrollment. 271
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For the purpose of student counts, a student entitled to and 272
receiving special education services may not be included under 273
more than one (1) tier prescribed in paragraphs (a), (b) and (c) 274
of this subsection. A student having multiple diagnoses must be 275
counted under the highest tier applicable to that student. 276
(5) A weight of five percent (5%) is applied to five percent 277
(5%) of a school district or charter school's net enrollment for 278
the purpose of providing gifted education, regardless of the 279
number of students in a school district or charter school that 280
have been identified as gifted students: the total number of 281
students in net enrollment in a school district or charter school, 282
as determined by Section 37-151-207, is multiplied by five 283
one-hundredths (5/100), which is again multiplied by five 284
one-hundredths (5/100). 285
(6) For Ninth, Tenth, Eleventh and Twelfth Grade students 286
enrolled in a career and technical education course, as defined in 287
Section 37-151-201, the percentage of applicable students in the 288
school district is multiplied by ten one-hundredths (10/100), and 289
then multiplied by net enrollment. Students enrolled in multiple 290
career and technical education courses are counted once. 291
(7) In each school district or charter school where the 292
number of students identified as low income, as defined in Section 293
37-151-201, exceeds thirty-five percent (35%) of the school 294
district or charter school's net enrollment, a weight of ten 295
percent (10%) is applied only to the number of low income students 296
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in excess of the number of low income students which constitute 297
thirty-five percent (35%) of net enrollment. The number of 298
students eligible for this weight is calculated by subtracting the 299
number of students equivalent to thirty-five percent (35%) of the 300
net enrollment of that school district or charter school from the 301
total number of students in that school district or charter school 302
identified as low income: if the total percentage of applicable 303
students identified in subsection (2) exceeds thirty-five percent 304
(35%) of the school district or charter school's total net 305
enrollment, as determined in Section 37-151-207, the difference 306
between the total percentage of applicable students identified in 307
subsection (2) and thirty-five percent (35%) of the school 308
district or charter school's total net enrollment is multiplied by 309
ten one-hundredths (10/100), and then multiplied by net 310
enrollment. 311
(8) The final weighted enrollment of each school district 312
and charter school under the total funding formula as provided for 313
in Sections 37-151-200 through 37-151-215 is determined as 314
follows: 315
(a) The final weighted enrollment for each school 316
district or charter school that is not classified as a sparsely 317
populated district or charter school, as defined in Section 318
37-151-201, is equivalent to the preliminary weighted enrollment 319
of that school district or charter school, as determined in 320
subsections (1) through (7) of this section: the State Department 321
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of Education shall add to the school district or charter school's 322
net enrollment, as determined under Section 37-151-207, each of 323
the additional figures calculated in accordance with subsections 324
(2) through (7), and this total is the final weighted enrollment. 325
(b) The final weighted enrollment for each sparsely 326
populated district or charter school, as defined in Section 327
37-151-201, is determined by multiplying the sparsity weight by 328
the preliminary weighted enrollment, as determined in subsections 329
(1) through (7) of this section, and then adding that figure to 330
the preliminary weighted enrollment. To calculate the final 331
weighted enrollment, the State Department of Education shall add 332
to the school district or charter school's net enrollment, each of 333
the additional figures calculated in accordance with subsections 334
(2) through (7) to determine the preliminary weighted enrollment, 335
multiply this figure by the sparsity weight as determined below, 336
and add this resulting number to the preliminary weighted 337
enrollment to find the final weighted enrollment. To calculate 338
the sparsity weight, the State Department of Education shall find 339
the difference between the number of students per square mile in 340
that district or charter school and a sparsity threshold of eight 341
(8) students per square mile, and then shall divide the resulting 342
figure by one hundred (100) to create a percentage: for example, 343
if the number of students per square mile in a district is three 344
(3), the difference is five (5) (eight (8) minus three (3)), and 345
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the sparsity weight is five percent (5%), or five one-hundredths 346
(5/100). 347
SECTION 4. Section 37-151-207, Mississippi Code of 1972, is 348
brought forward as follows: 349
37-151-207. (1) The net enrollment of a school district or 350
charter school for use in the funding formula must be computed and 351
currently maintained by the State Board of Education in accordance 352
with the following: 353
(a) Determination of school district net enrollment for 354
use in the funding formula. Effective with fiscal year 2026, the 355
State Department of Education shall determine the percentage 356
change from the prior year of each school district's months two 357
(2) and three (3) for the three (3) immediately preceding school 358
years of the year for which funds are being appropriated. 359
(b) Determination of charter school net enrollment for 360
use in the funding formula. Effective with fiscal year 2026, the 361
department shall base a charter school's net enrollment on the 362
enrollment projections for the relevant year set forth over the 363
term of the charter contract. 364
(c) The net enrollment of a school district used for 365
funding formula calculations, as determined in paragraph (a) of 366
this subsection, must be reconciled with the school district's net 367
enrollment using months two (2) and three (3) for the year for 368
which total funding formula funds are being appropriated, and any 369
necessary adjustments must be made to payments during the school 370
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district's following year of operation. Any necessary adjustment 371
for a school district must be based on the state share of the per 372
pupil amount in effect for the year for which actual net 373
enrollment did not meet expectations and not any new amount 374
appropriated for the year in which the adjustment will be made. 375
Reconciliation of net enrollment for charter schools must be based 376
on requirements set forth in Section 37-28-55. 377
(2) The net enrollment of a school district or charter 378
school must include any student enrolled in a dual enrollment-dual 379
credit program as defined and provided for in Section 37-15-38. 380
The State Department of Education shall make payments for dual 381
enrollment-dual credit programs to the home school district or 382
charter school in which the student is enrolled, in accordance 383
with regulations promulgated by the State Board of Education. All 384
state funding under the formula must cease upon completion of high 385
school graduation requirements. 386
(3) The State Board of Education shall promulgate such rules 387
and regulations as may be necessary for the counting and reporting 388
of student enrollment by school districts and charter schools to 389
the department in a manner that enables the provisions of Sections 390
37-151-200 through 37-151-215 to be carried out. The rules and 391
regulations must require school districts and charter schools to 392
submit data that includes, at a minimum, numbers for the specific 393
student populations that are subject to weighting under Sections 394
37-151-200 through 37-151-215 as well as the aggregate amount of 395
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students in enrollment when each calculation is made. For the 396
first year of operation of a charter school, the State Board of 397
Education shall use imputed student demographic data based on the 398
traditional district in which the charter school is located to 399
estimate student populations that are subject to weighting under 400
Sections 37-151-200 through 37-151-215. 401
(4) The superintendent of each school district and the head 402
of school of each charter school, as applicable, shall submit the 403
data required by subsection (3) of this section with a signed 404
affidavit attesting that the data submitted to the department is 405
accurate to the best of the superintendent's knowledge, and any 406
inaccuracies later discovered will be reported to the department. 407
The State Board of Education shall be specifically authorized and 408
empowered to withhold allocations from the total funding formula 409
funds as provided in Sections 37-151-200 through 37-151-215, to 410
any school district or charter school for improperly or 411
inaccurately reporting the student data required by Sections 412
37-151-200 through 37-151-215. 413
SECTION 5. Section 37-151-209, Mississippi Code of 1972, is 414
brought forward as follows: 415
37-151-209. Allocations to school districts or charter 416
schools made by the State Department of Education on the basis of 417
the count of students in student categories established for the 418
purpose of applying various weights under Sections 37-151-200 419
through 37-151-215 are intended only to generate total 420
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appropriation amounts for school funding. Except as otherwise 421
required by applicable state or federal law or by applicable 422
rules, regulations, policies, or order of the State Board of 423
Education and the State Department of Education, a school district 424
or charter school may exercise full autonomy in the spending of 425
all funds allocated under the formula to the district or charter 426
school so long as funds are expended in the manner determined by 427
the school board or governing board to best meet the needs of the 428
student population of the school district or charter school. 429
SECTION 6. Section 37-151-211, Mississippi Code of 1972, is 430
brought forward as follows: 431
37-151-211. (1) (a) Before February 1 of each year, the 432
tax assessor of each county shall file reports with the State 433
Department of Education which provide information essential to the 434
department in determining the local contribution that each school 435
district or charter school is required to provide toward the cost 436
of local school funding. A separate report must be filed for each 437
school district or part of a school district situated in the 438
county and must include the following information: 439
(i) The total assessed valuation of nonexempt 440
property for school purposes in each school district; 441
(ii) Assessed value of exempt property owned by 442
homeowners aged sixty-five (65) or older or disabled, as defined 443
in Section 27-33-67(2); 444
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(iii) The school district's tax loss from 445
exemptions provided to applicants under the age of sixty-five (65) 446
and not disabled, as defined in Section 27-33-67(1); and 447
(iv) The school district's homestead reimbursement 448
revenues. 449
(b) The State Department of Education shall prepare and 450
make available to the tax assessor of each county a form for the 451
reports required under paragraph (a) of this subsection (1)(a). 452
(2) (a) The department shall use the information submitted 453
pursuant to subsection (1) to calculate and certify to each school 454
district the millage required to raise its minimum local tax 455
effort, which must be the value of not less than twenty-eight (28) 456
mills for the then current fiscal year or a millage rate 457
equivalent to twenty-seven percent (27%) of the total funding 458
formula funds for the school district, any charter schools, and 459
any Mississippi Achievement School District Schools located in its 460
boundaries, whichever is a lesser amount as certified to the 461
school district by the department, upon all of the taxable 462
property of the school district, including the following sources: 463
(i) One hundred percent (100%) of Grand Gulf 464
income, as prescribed in Section 27-35-309; and 465
(ii) One hundred percent (100%) of any fees in 466
lieu of taxes, as prescribed in Section 27-31-104, in accordance 467
with Section 37-57-1. 468
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(b) The department shall determine the local 469
contribution of each school district or charter school based on 470
the minimum local tax effort, as determined under paragraph (a), 471
and shall certify this required local contribution to each school 472
district or charter school, as follows: 473
(i) For school districts in which there are no 474
charter schools, the minimum local tax effort is the required 475
local contribution for the school district. 476
(ii) For school districts in which there is 477
located one or more charter schools, the local contribution of the 478
school district is the product of multiplying the local pro rata 479
amount by the net enrollment of the school district. The 480
department will calculate the local pro rata amount by dividing 481
the school district's minimum local tax effort by the sum of the 482
net enrollment of the school district, as determined by Section 483
37-151-207, and the projected enrollment of charter school 484
students, as specified in Section 37-151-207, who reside or are 485
estimated to reside in the district, but excluding from this 486
projected enrollment any resident students who are projected to 487
transfer from the district to a charter school after the 488
calculation of the district's net enrollment, so as not to 489
double-count those students. 490
(iii) For each charter school, the local 491
contribution is the sum of the local pro rata amount for each 492
charter school student, as determined by Section 37-151-207, based 493
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on each student's district of residence. The department will 494
calculate a local pro rata amount for each school district in 495
which a student projected to attend the charter school resides or 496
is estimated to reside using the methodology in subparagraph (ii) 497
of this paragraph (b). 498
(iv) In the case of an agricultural high school, 499
the local contribution is based on an equitable amount per pupil, 500
as determined by the State Board of Education. The State Board of 501
Education shall set the millage requirement to generate such an 502
amount and will certify this amount and millage requirement to 503
agricultural high schools in the same manner as for all other 504
school districts under this subsection. 505
(3) Except as otherwise provided in Section 37-151-213(1), 506
the required state share in support of each school district and 507
charter school is determined by subtracting the required local 508
contribution, which total amount may not exceed twenty-seven 509
percent (27%) of the total projected funding formula cost, from 510
the total projected funding formula cost, as determined under 511
Sections 37-151-200 through 37-151-215, for the school district or 512
charter school. 513
(4) If the school board of any school district or charter 514
school governing board determines that it is not economically 515
feasible or practicable to operate any school within the district 516
or charter school for the full one hundred eighty (180) days 517
required for the school term of a scholastic year under Section 518
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37-13-63, due to an enemy attack, man-made, technological, or 519
natural disaster in which the Governor has declared a disaster 520
emergency under the laws of this state or the President of the 521
United States has declared an emergency or major disaster to exist 522
in this state, the school board or charter school governing board 523
may notify the State Department of Education of the disaster and 524
submit a plan for altering the school term. If the State Board of 525
Education finds the disaster to be the cause of the school not 526
operating for the contemplated school term and that the school is 527
located in a school district covered by the Governor's or 528
President's disaster declaration, the board may permit the schools 529
located in that district to be operated for less than one hundred 530
eighty (180) days and, in such case, the State Department of 531
Education may not reduce the state share in support of the funding 532
formula for that district or charter school because of the failure 533
to operate those schools for one hundred eighty (180) days. 534
SECTION 7. Section 37-151-213, Mississippi Code of 1972, is 535
brought forward as follows: 536
37-151-213. (1) To qualify for state funds under this 537
chapter, a school district may not exceed a student-teacher ratio 538
determined in accordance with appropriate accreditation standards 539
developed by the Mississippi Commission on School Accreditation. 540
However, a local district may apply to the State Board of 541
Education for approval of a waiver to this section by submitting 542
and justifying an alternative educational program to serve the 543
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needs of enrollment. The State Board of Education must approve or 544
disapprove of the waiver no later than forty-five (45) days after 545
the receipt of the application. 546
(2) If a school district violates a required student-teacher 547
ratio, the state share in support of the funding formula for the 548
next succeeding fiscal year to that school district must be 549
reduced by the percentage variance that the actual student-teacher 550
ratios in the school district is to the required student-teacher 551
ratios established under accreditation standards. 552
(3) Notwithstanding the provisions of this section, the 553
State Board of Education may waive the student-teacher 554
requirements upon a finding that a good faith effort is being made 555
by a school district to comply with the ratio provision but, due 556
to a lack of classroom space which is beyond the district's 557
control, it is physically impossible for the district to comply, 558
and the cost of temporary classroom space cannot be justified. 559
(4) If a school district meets the highest levels of 560
performance classification, as determined by the State Board of 561
Education in the state's accountability standards, the State Board 562
of Education, in its discretion, may exempt the school district 563
from the maximum student-teacher ratio required under this 564
section. 565
(5) This section is not applicable to charter schools. 566
SECTION 8. Section 37-151-215, Mississippi Code of 1972, is 567
brought forward as follows: 568
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37-151-215. (1) Notwithstanding the provisions of Section 569
37-151-211(3), the state share in support of the funding formula 570
for a school district or charter school for fiscal year 2025, 571
fiscal year 2026 and fiscal year 2027 may not be less than an 572
amount equal to the sum of all state funds received by that 573
school district or charter school for fiscal year 2024, as 574
follows: 575
(a) Funds distributed under the Mississippi Adequate 576
Education Program; 577
(b) Funds distributed by the State Department of 578
Education for the purpose of paying teachers' salaries according 579
to the teacher salary schedule prescribed in Section 37-19-7 and 580
assistant teachers, as prescribed in Section 37-21-7 for the 581
2023-2024 school year; and 582
(c) Funds distributed by and based on net enrollment or 583
the total number of students enrolled for each day in each public 584
school district or charter school, divided by the total number of 585
school days, and allowable to be spent on any expenditures 586
necessary to operate a public school district or charter school, 587
excluding salary increases for superintendents, assistant 588
superintendents or principals. 589
(2) This section shall stand repealed on July 1, 2027. 590
SECTION 9. Section 37-57-104, Mississippi Code of 1972, is 591
brought forward as follows: 592
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37-57-104. (1) Each school board shall submit to the 593
levying authority for the school district a certified copy of an 594
order adopted by the school board requesting an ad valorem tax 595
effort in dollars for the support of the school district. The 596
copy of the order shall be submitted by the school board when the 597
copies of the school district's budget are filed with the levying 598
authority pursuant to Section 37-61-9. Upon receipt of the school 599
board's order requesting the ad valorem tax effort in dollars, the 600
levying authority shall determine the millage rate necessary to 601
generate funds equal to the dollar amount requested by the school 602
board. For the purpose of calculating this millage rate, any 603
additional amount that is levied pursuant to Section 37-57-105(1) 604
to cover anticipated delinquencies and costs of collection or any 605
amount that may be levied for the payment of the principal and 606
interest on school bonds or notes shall be excluded from the 607
limitation of fifty-five (55) mills provided for in subsection (2) 608
of this section. 609
(2) (a) Except as otherwise provided under paragraph (b) or 610
(c) of this subsection, if the millage rate necessary to generate 611
funds equal to the dollar amount requested by the school board is 612
greater than fifty-five (55) mills, and if this millage rate is 613
higher than the millage then being levied pursuant to the school 614
board's order requesting the ad valorem tax effort for the 615
currently existing fiscal year, then the levying authority shall 616
call a referendum on the question of exceeding, during the next 617
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fiscal year, the then existing millage rate being levied for 618
school district purposes. The referendum shall be scheduled for 619
not more than six (6) weeks after the date on which the levying 620
authority receives the school board's order requesting the ad 621
valorem tax effort. 622
When a referendum has been called, notice of the referendum 623
shall be published at least five (5) days per week, unless the 624
only newspaper published in the school district is published less 625
than five (5) days per week, for at least three (3) consecutive 626
weeks, in at least one (1) newspaper published in the school 627
district. The notice shall be no less than one-fourth (1/4) page 628
in size, and the type used shall be no smaller than eighteen (18) 629
point and surrounded by a one-fourth-inch solid black border. The 630
notice may not be placed in that portion of the newspaper where 631
legal notices and classified advertisements appear. The first 632
publication of the notice shall be made not less than twenty-one 633
(21) days before the date fixed for the referendum, and the last 634
publication shall be made not more than seven (7) days before that 635
date. If no newspaper is published in the school district, then 636
the notice shall be published in a newspaper having a general 637
circulation in the school district. The referendum shall be held, 638
as far as is practicable, in the same manner as other referendums 639
and elections are held in the county or municipality. At the 640
referendum, all registered, qualified electors of the school 641
district may vote. The ballots used at the referendum shall have 642
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printed thereon a brief statement of the amount and purpose of the 643
increased tax levy and the words "FOR INCREASING THE MILLAGE 644
LEVIED FOR SCHOOL DISTRICT PURPOSES FROM (MILLAGE RATE CURRENTLY 645
LEVIED) MILLS TO (MILLAGE RATE REQUIRED UNDER SCHOOL BOARD'S 646
ORDER) MILLS," and "AGAINST INCREASING THE MILLAGE LEVIED FOR 647
SCHOOL DISTRICT PURPOSES FROM (MILLAGE RATE CURRENTLY LEVIED) 648
MILLS TO (MILLAGE RATE REQUIRED UNDER SCHOOL BOARD'S ORDER) 649
MILLS." The voter shall vote by placing a cross (X) or checkmark 650
(√) opposite his choice on the proposition. 651
If a majority of the registered, qualified electors of the 652
school district who vote in the referendum vote in favor of the 653
question, then the ad valorem tax effort in dollars requested by 654
the school board shall be approved. However, if a majority of the 655
registered, qualified electors who vote in the referendum vote 656
against the question, the millage rate levied by the levying 657
authority shall not exceed the millage then being levied pursuant 658
to the school board's order requesting the ad valorem tax effort 659
for the then currently existing fiscal year. 660
Nothing in this subsection shall be construed to require any 661
school district that is levying more than fifty-five (55) mills 662
pursuant to Sections 37-57-1 and 37-57-105 to decrease its millage 663
rate to fifty-five (55) mills or less. Further, nothing in this 664
subsection shall be construed to require a referendum in a school 665
district where the requested ad valorem tax effort in dollars 666
requires a millage rate of greater than fifty-five (55) mills but 667
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the requested dollar amount does not require any increase in the 668
then existing millage rate. Further, nothing in this subsection 669
shall be construed to require a referendum in a school district 670
where, because of a decrease in the assessed valuation of the 671
district, a millage rate of greater than fifty-five (55) mills is 672
necessary to generate funds equal to the dollar amount generated 673
by the ad valorem tax effort for the currently existing fiscal 674
year. 675
(b) However, if a levying authority is levying in 676
excess of fifty-five (55) mills on July 1, 1997, the levying 677
authority may levy an additional amount not exceeding three (3) 678
mills in the aggregate for the period beginning July 1, 1997, and 679
ending June 30, 2003, subject to the limitation on increased 680
receipts from ad valorem taxes prescribed in Sections 37-57-105 681
and 37-57-107. 682
(c) If the levying authority for any school district 683
lawfully has decreased the millage levied for school district 684
purposes, but subsequently determines that there is a need to 685
increase the millage rate due to a disaster in which the Governor 686
has declared a disaster emergency or the President of the United 687
States has declared an emergency or major disaster, then the 688
levying authority may increase the millage levied for school 689
district purposes up to an amount that does not exceed the millage 690
rate in any one (1) of the immediately preceding ten (10) fiscal 691
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years without any referendum that otherwise would be required 692
under this subsection. 693
(3) If the millage rate necessary to generate funds equal to 694
the dollar amount requested by the school board is equal to 695
fifty-five (55) mills or less, but the dollar amount requested by 696
the school board exceeds the next preceding fiscal year's ad 697
valorem tax effort in dollars by more than four percent (4%), but 698
not more than seven percent (7%) (as provided for under subsection 699
(4) of this section), then the school board shall publish notice 700
thereof at least five (5) days per week, unless the only newspaper 701
published in the school district is published less than five (5) 702
days per week, for at least three (3) consecutive weeks in a 703
newspaper published in the school district. The notice shall be 704
no less than one-fourth (1/4) page in size, and the type used 705
shall be no smaller than eighteen (18) point and surrounded by a 706
one-fourth-inch solid black border. The notice may not be placed 707
in that portion of the newspaper where legal notices and 708
classified advertisements appear. The first publication shall be 709
made not less than fifteen (15) days before the final adoption of 710
the budget by the school board. If no newspaper is published in 711
the school district, then the notice shall be published in a 712
newspaper having a general circulation in the school district. If 713
at any time before the adoption of the budget a petition signed by 714
not less than twenty percent (20%) or fifteen hundred (1500), 715
whichever is less, of the registered, qualified electors of the 716
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school district is filed with the school board requesting that a 717
referendum be called on the question of exceeding the next 718
preceding fiscal year's ad valorem tax effort in dollars by more 719
than four percent (4%), then the school board shall adopt, not 720
later than the next regular meeting, a resolution calling a 721
referendum to be held within the school district upon the 722
question. The referendum shall be called and held, and notice 723
thereof shall be given, in the same manner provided for in 724
subsection (2) of this section. The ballot shall contain the 725
language "FOR THE SCHOOL TAX INCREASE OVER FOUR PERCENT (4%)" and 726
"AGAINST THE SCHOOL TAX INCREASE OVER FOUR PERCENT (4%)." If a 727
majority of the registered, qualified electors of the school 728
district who vote in the referendum vote in favor of the question, 729
then the increase requested by the school board shall be approved. 730
For the purposes of this subsection, the revenue sources excluded 731
from the increase limitation under Section 37-57-107 also shall be 732
excluded from the limitation described in this subsection in the 733
same manner as they are excluded under Section 37-57-107. 734
Provided, however, that any increases requested by the school 735
board as a result of the required local contribution to the total 736
funding formula as required by Sections 37-151-200 through 737
37-151-215, as certified to the local school district by the State 738
Board of Education under Section 37-151-211, shall not be subject 739
to the four percent (4%) and/or seven percent (7%) tax increase 740
limitations provided in this section. 741
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(4) If the millage rate necessary to generate funds equal to 742
the dollar amount requested by the school board is equal to 743
fifty-five (55) mills or less, but the dollar amount requested by 744
the school board exceeds the seven percent (7%) increase 745
limitation provided for in Section 37-57-107, the school board may 746
exceed the seven percent (7%) increase limitation only after the 747
school board has determined the need for additional revenues and 748
three-fifths (3/5) of the registered, qualified electors voting in 749
a referendum called by the levying authority have voted in favor 750
of the increase. The notice and manner of holding the referendum 751
shall be as prescribed in subsection (2) of this section for a 752
referendum on the question of increasing the millage rate in 753
school districts levying more than fifty-five (55) mills for 754
school district purposes. 755
(5) The aggregate receipts from ad valorem taxes levied for 756
school district purposes pursuant to Sections 37-57-1 and 757
37-57-105, excluding collection fees, additional revenue from the 758
ad valorem tax on any newly constructed properties or any existing 759
properties added to the tax rolls or any properties previously 760
exempt which were not assessed in the next preceding year, and 761
amounts received by school districts from the School Ad Valorem 762
Tax Reduction Fund pursuant to Section 37-61-35, shall be subject 763
to the increase limitation under this section and Section 764
37-57-107. 765
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(6) The school board shall pay to the levying authority all 766
costs that are incurred by the levying authority in the calling 767
and holding of any election under this section. 768
(7) The provisions of this section shall not be construed to 769
affect in any manner the authority of school boards to levy 770
millage for the following purposes: 771
(a) The issuance of bonds, notes and certificates of 772
indebtedness, as authorized in Sections 37-59-1 through 37-59-45 773
and Sections 37-59-101 through 37-59-115; 774
(b) The lease of property for school purposes, as 775
authorized under the Emergency School Leasing Authority Act of 776
1986 (Sections 37-7-351 through 37-7-359); 777
(c) The lease or lease-purchase of school buildings, as 778
authorized under Section 37-7-301; 779
(d) The issuance of promissory notes in the event of a 780
shortfall of ad valorem taxes and/or revenue from local sources, 781
as authorized under Section 27-39-333; and 782
(e) The construction of school buildings outside the 783
school district, as authorized under Section 37-7-401. 784
Any millage levied for the purposes specified in this 785
subsection shall be excluded from the millage limitations 786
established under this section. 787
SECTION 10. Section 37-57-105, Mississippi Code of 1972, is 788
brought forward as follows: 789
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37-57-105. (1) In addition to the taxes levied under 790
Section 37-57-1, the levying authority for the school district, as 791
defined in Section 37-57-1, upon receipt of a certified copy of an 792
order adopted by the school board of the school district 793
requesting an ad valorem tax effort in dollars for the support of 794
the school district and any charter schools located in the 795
district, shall, at the same time and in the same manner as other 796
ad valorem taxes are levied, levy an annual ad valorem tax in the 797
amount fixed in such order upon all of the taxable property of 798
such school district, which shall not be less than the millage 799
rate certified by the State Board of Education as the uniform 800
minimum school district ad valorem tax levy required for the 801
support of the total funding formula as required by Sections 802
37-151-200 through 37-151-215 in such school district under 803
Sections 37-57-1 and 37-151-211. However, any school district 804
levying less than the uniform minimum school district ad valorem 805
tax levy on July 1, 1997, shall only be required to increase its 806
local district maintenance levy in four (4) mill annual increments 807
in order to attain such millage requirements. In making such 808
levy, the levying authority shall levy an additional amount 809
sufficient to cover anticipated delinquencies and costs of 810
collection so that the net amount of money to be produced by such 811
levy shall be equal to the amount which is requested by the school 812
board. The proceeds of such tax levy, excluding levies for the 813
payment of the principal of and interest on school bonds or notes 814
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and excluding levies for costs of collection, shall be placed in 815
the school depository to the credit of the school district and 816
shall be expended in the manner provided by law for the purpose of 817
supplementing teachers' salaries, extending school terms, 818
purchasing furniture, supplies and materials, and for all other 819
lawful operating and incidental expenses of such school district. 820
The monies authorized to be received by school districts from 821
the School Ad Valorem Tax Reduction Fund pursuant to Section 822
37-61-35 shall be included as ad valorem tax receipts. The 823
levying authority for the school district, as defined in Section 824
37-57-1, shall reduce the ad valorem tax levy for such school 825
district in an amount equal to the amount distributed to such 826
school district from the School Ad Valorem Tax Reduction Fund each 827
calendar year pursuant to Section 37-61-35. Such reduction shall 828
not be less than the millage rate necessary to generate a 829
reduction in ad valorem tax receipts equal to the funds 830
distributed to such school district from the School Ad Valorem Tax 831
Reduction Fund pursuant to Section 37-61-35. The millage levy 832
certified by the State Board of Education as the minimum tax levy 833
shall be subject to the provisions of this paragraph. 834
In any county where there is located a nuclear generating 835
power plant on which a tax is assessed under Section 27-35-309(3), 836
such required levy and revenue produced thereby may be reduced by 837
the levying authority in an amount in proportion to a reduction in 838
the base revenue of any such county from the previous year. Such 839
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reduction shall be allowed only if the reduction in base revenue 840
equals or exceeds five percent (5%). "Base revenue" shall mean 841
the revenue received by the county from the ad valorem tax levy 842
plus the revenue received by the county from the tax assessed 843
under Section 27-35-309(3) and authorized to be used for any 844
purposes for which a county is authorized by law to levy an ad 845
valorem tax. For purposes of determining if the reduction equals 846
or exceeds five percent (5%), a levy of millage equal to the prior 847
year's millage shall be hypothetically applied to the current 848
year's ad valorem tax base to determine the amount of revenue to 849
be generated from the ad valorem tax levy. For the purposes of 850
this section and Section 37-57-107, the portion of the base 851
revenue used for the support of any school district shall be 852
deemed to be the aggregate receipts from ad valorem taxes for the 853
support of any school district. This paragraph shall apply to 854
taxes levied for the 1987 fiscal year and for each fiscal year 855
thereafter. If the Mississippi Supreme Court or another court 856
finally adjudicates that the tax levied under Section 27-35-309(3) 857
is unconstitutional, then this paragraph shall stand repealed. 858
The State Department of Education shall calculate a local pro 859
rata amount for the aggregate receipts of the tax levied in this 860
section by dividing the aggregate receipts by the sum of the 861
school district's net enrollment, as determined under Section 862
37-151-211, and the net enrollment of any charter school students 863
who reside in the district. 864
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(2) When the tax is levied upon the territory of any school 865
district located in two (2) or more counties, the order of the 866
school board requesting the levying of such tax shall be certified 867
to the levying authority of each of the counties involved, and 868
each of the levying authorities shall levy the tax in the manner 869
specified herein. The taxes so levied shall be collected by the 870
tax collector of the levying authority involved and remitted by 871
the tax collector to the school depository of the home county to 872
the credit of the school district involved as provided above, 873
except that taxes for collection fees may be retained by the 874
levying authority for deposit into its general fund. 875
(3) The aggregate receipts from ad valorem taxes levied for 876
school district purposes, excluding collection fees, pursuant to 877
this section and Section 37-57-1 shall be subject to the increased 878
limitation under Section 37-57-107; however, if the ad valorem tax 879
effort in dollars requested by the school district for the fiscal 880
year exceeds the next preceding fiscal year's ad valorem tax 881
effort in dollars by more than four percent (4%) but not more than 882
seven percent (7%), then the school board shall publish notice 883
thereof once each week for at least three (3) consecutive weeks in 884
a newspaper having general circulation in the school district 885
involved, with the first publication thereof to be made not less 886
than fifteen (15) days prior to the final adoption of the budget 887
by the school board. If at any time prior to the adoption a 888
petition signed by not less than twenty percent (20%) or fifteen 889
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hundred (1500), whichever is less, of the qualified electors of 890
the school district involved shall be filed with the school board 891
requesting that an election be called on the question of exceeding 892
the next preceding fiscal year's ad valorem tax effort in dollars 893
by more than four percent (4%) but not more than seven percent 894
(7%), then the school board shall, not later than the next regular 895
meeting, adopt a resolution calling an election to be held within 896
such school district upon such question. The election shall be 897
called and held, and notice thereof shall be given, in the same 898
manner for elections upon the questions of the issuance of the 899
bonds of school districts, and the results thereof shall be 900
certified to the school board. The ballot shall contain the 901
language "For the School Tax Increase Over Four Percent (4%)" and 902
"Against the School Tax Increase Over Four Percent (4%)." If a 903
majority of the qualified electors of the school district who 904
voted in such election shall vote in favor of the question, then 905
the stated increase requested by the school board shall be 906
approved. For the purposes of this paragraph, the revenue sources 907
excluded from the increased limitation under Section 37-57-107 908
shall also be excluded from the limitation described herein in the 909
same manner as they are excluded under Section 37-57-107. 910
SECTION 11. Section 37-57-107, Mississippi Code of 1972, is 911
brought forward as follows: 912
37-57-107. (1) Beginning with the tax levy for the 1997 913
fiscal year and for each fiscal year thereafter, the aggregate 914
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receipts from taxes levied for school district purposes pursuant 915
to Sections 37-57-105 and 37-57-1 shall not exceed the aggregate 916
receipts from those sources during any one (1) of the immediately 917
preceding three (3) fiscal years, as determined by the school 918
board, plus an increase not to exceed seven percent (7%). For the 919
purpose of this limitation, the term "aggregate receipts" when 920
used in connection with the amount of funds generated in a 921
preceding fiscal year shall not include excess receipts required 922
by law to be deposited into a special account. However, the term 923
"aggregate receipts" includes any receipts required by law to be 924
paid to a charter school. The additional revenue from the ad 925
valorem tax on any newly constructed properties or any existing 926
properties added to the tax rolls or any properties previously 927
exempt which were not assessed in the next preceding year may be 928
excluded from the seven percent (7%) increase limitation set forth 929
herein. Taxes levied for payment of principal of and interest on 930
general obligation school bonds issued heretofore or hereafter 931
shall be excluded from the seven percent (7%) increase limitation 932
set forth herein. Any additional millage levied to fund any new 933
program mandated by the Legislature shall be excluded from the 934
limitation for the first year of the levy and included within such 935
limitation in any year thereafter. For the purposes of this 936
section, the term "new program" shall include, but shall not be 937
limited to, (a) the Early Childhood Education Program, as provided 938
by Section 37-21-7, and any additional millage levied and the 939
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revenue generated therefrom, which is excluded from the limitation 940
for the first year of the levy, to support the mandated Early 941
Childhood Education Program shall be specified on the minutes of 942
the school board and of the governing body making such tax levy; 943
(b) any additional millage levied and the revenue generated 944
therefrom, which shall be excluded from the limitation for the 945
first year of the levy, for the purpose of generating additional 946
local contribution funds required for the total funding formula as 947
required by Sections 37-151-200 through 37-151-215; and (c) any 948
additional millage levied and the revenue generated therefrom 949
which shall be excluded from the limitation for the first year of 950
the levy, for the purpose of support and maintenance of any 951
agricultural high school which has been transferred to the 952
control, operation and maintenance of the school board by the 953
board of trustees of the community college district under 954
provisions of Section 37-29-272. 955
(2) The seven percent (7%) increase limitation prescribed in 956
this section may be increased an additional amount only when the 957
school board has determined the need for additional revenues and 958
has held an election on the question of raising the limitation 959
prescribed in this section. The limitation may be increased only 960
if three-fifths (3/5) of those voting in the election shall vote 961
for the proposed increase. The resolution, notice and manner of 962
holding the election shall be as prescribed by law for the holding 963
of elections for the issuance of bonds by the respective school 964
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boards. Revenues collected for the fiscal year in excess of the 965
seven percent (7%) increase limitation pursuant to an election 966
shall be included in the tax base for the purpose of determining 967
aggregate receipts for which the seven percent (7%) increase 968
limitation applies for subsequent fiscal years. 969
(3) Except as otherwise provided for excess revenues 970
generated pursuant to an election, if revenues collected as the 971
result of the taxes levied for the fiscal year pursuant to this 972
section and Section 37-57-1 exceed the increase limitation, then 973
it shall be the mandatory duty of the school board of the school 974
district to deposit such excess receipts over and above the 975
increase limitation into a special account and credit it to the 976
fund for which the levy was made. It will be the further duty of 977
such board to hold the funds and invest the same as authorized by 978
law. Such excess funds shall be calculated in the budgets for the 979
school districts for the purpose for which such levies were made, 980
for the succeeding fiscal year. Taxes imposed for the succeeding 981
year shall be reduced by the amount of excess funds available. 982
Under no circumstances shall such excess funds be expended during 983
the fiscal year in which such excess funds are collected. 984
(4) For the purposes of determining ad valorem tax receipts 985
for a preceding fiscal year under this section, the term "fiscal 986
year" means the fiscal year beginning October 1 and ending 987
September 30. 988
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(5) Beginning with the 2013-2014 school year, each school 989
district in which a charter school is located shall pay to the 990
charter school an amount for each student enrolled in the charter 991
school equal to the ad valorem taxes levied per pupil for the 992
support of the school district in which the charter school is 993
located. The pro rata ad valorem taxes to be transferred to the 994
charter school must include all levies for the support of the 995
school district under Sections 37-57-1 (local contribution to the 996
total funding formula as required by Sections 37-151-200 through 997
37-151-215) and 37-57-105 (school district operational levy) but 998
may not include any taxes levied for the retirement of school 999
district bonded indebtedness or short-term notes or any taxes 1000
levied for the support of vocational-technical education programs. 1001
Payments made pursuant to this subsection by a school district to 1002
a charter school must be made before the expiration of three (3) 1003
business days after the funds are distributed to the school 1004
district. 1005
SECTION 12. Section 37-61-33, Mississippi Code of 1972, is 1006
brought forward as follows: 1007
37-61-33. (1) There is created within the State Treasury a 1008
special fund to be designated the "Education Enhancement Fund" 1009
into which shall be deposited all the revenues collected pursuant 1010
to Sections 27-65-75(5), (7) and (8), 27-67-31(a) and (b) and 1011
Section 2 of this act. 1012
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(2) Of the amount deposited into the Education Enhancement 1013
Fund, Sixteen Million Dollars ($16,000,000.00) shall be 1014
appropriated each fiscal year to the State Department of Education 1015
to be distributed to all school districts. Such money shall be 1016
distributed to all school districts in the proportion that the net 1017
enrollment of each school district bears to the net enrollment of 1018
all school districts within the state for the following purposes: 1019
(a) Purchasing, erecting, repairing, equipping, 1020
remodeling and enlarging school buildings and related facilities, 1021
including gymnasiums, auditoriums, lunchrooms, vocational training 1022
buildings, libraries, teachers' homes, school barns, 1023
transportation vehicles (which shall include new and used 1024
transportation vehicles) and garages for transportation vehicles, 1025
and purchasing land therefor; 1026
(b) Establishing and equipping school athletic fields 1027
and necessary facilities connected therewith, and purchasing land 1028
therefor; 1029
(c) Providing necessary water, light, heating, 1030
air-conditioning and sewerage facilities for school buildings, and 1031
purchasing land therefor; 1032
(d) As a pledge to pay all or a portion of the debt 1033
service on debt issued by the school district under Sections 1034
37-59-1 through 37-59-45, 37-59-101 through 37-59-115, 37-7-351 1035
through 37-7-359, 37-41-89 through 37-41-99, 37-7-301, 37-7-302 1036
and 37-41-81, or debt issued by boards of supervisors for 1037
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agricultural high schools pursuant to Section 37-27-65, if such 1038
pledge is accomplished pursuant to a written contract or 1039
resolution approved and spread upon the minutes of an official 1040
meeting of the district's school board or board of supervisors. 1041
The annual grant to such district in any subsequent year during 1042
the term of the resolution or contract shall not be reduced below 1043
an amount equal to the district's grant amount for the year in 1044
which the contract or resolution was adopted. The intent of this 1045
provision is to allow school districts to irrevocably pledge a 1046
certain, constant stream of revenue as security for long-term 1047
obligations issued under the code sections enumerated in this 1048
paragraph or as otherwise allowed by law. It is the intent of the 1049
Legislature that the provisions of this paragraph shall be 1050
cumulative and supplemental to any existing funding programs or 1051
other authority conferred upon school districts or school boards. 1052
Debt of a district secured by a pledge of sales tax revenue 1053
pursuant to this paragraph shall not be subject to any debt 1054
limitation contained in the foregoing enumerated code sections; 1055
and 1056
(e) Any other purpose for which the total funding 1057
formula funds as determined by Sections 37-151-200 through 1058
37-151-215 are not sufficient. 1059
(3) The remainder of the money deposited into the Education 1060
Enhancement Fund shall be appropriated as follows: 1061
(a) To the State Department of Education as follows: 1062
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(i) Sixteen and sixty-one one-hundredths percent 1063
(16.61%) to the cost of the total funding formula determined under 1064
Sections 37-151-200 through 37-151-215; of the funds generated by 1065
the percentage set forth in this section for the support of the 1066
adequate education program, one and one hundred seventy-eight 1067
one-thousandths percent (1.178%) of the funds shall be 1068
appropriated to be used by the State Department of Education for 1069
the purchase of textbooks to be loaned under Sections 37-43-1 1070
through 37-43-59 to approved nonpublic schools, as described in 1071
Section 37-43-1. The funds to be distributed to each nonpublic 1072
school shall be in the proportion that the average daily 1073
attendance of each nonpublic school bears to the total average 1074
daily attendance of all nonpublic schools; 1075
(ii) Seven and ninety-seven one-hundredths percent 1076
(7.97%) to assist the funding of transportation operations and 1077
maintenance pursuant to Section 37-19-23; and 1078
(iii) Nine and sixty-one one-hundredths percent 1079
(9.61%) for classroom supplies, instructional materials and 1080
equipment, including computers and computer software, to be 1081
distributed to all eligible teachers within the state through the 1082
use of procurement cards or a digital solution capable of 1083
tracking, paying and reporting purchases. Classroom supply funds 1084
shall not be expended for administrative purposes. On a date to 1085
be determined by the State Department of Education, but not later 1086
than July 1 of each year, local school districts shall determine 1087
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and submit to the State Department of Education the number of 1088
teachers eligible to receive an allocation for the current year. 1089
For purposes of this subparagraph, "teacher" means any employee of 1090
the school board of a school district, or the Mississippi School 1091
for the Arts, the Mississippi School for Math and Science, the 1092
Mississippi School for the Blind, the Mississippi School for the 1093
Deaf or public charter school, who is required by law to obtain a 1094
teacher's license from the State Department of Education and who 1095
is assigned to an instructional area of work as defined by the 1096
department, and shall include any full- or part-time gifted or 1097
special education teacher. It is the intent of the Legislature 1098
that all classroom teachers shall utilize these funds in a manner 1099
that addresses individual classroom needs and supports the overall 1100
goals of the school regarding supplies, instructional materials, 1101
equipment, computers or computer software under the provisions of 1102
this subparagraph, including the type, quantity and quality of 1103
such supplies, materials and equipment. Classroom supply funds 1104
allocated under this subparagraph shall supplement, not replace, 1105
other local and state funds available for the same purposes. The 1106
State Board of Education shall develop and promulgate rules and 1107
regulations for the administration of this subparagraph consistent 1108
with the above criteria, with particular emphasis on allowing the 1109
individual teachers to expend funds as they deem appropriate. The 1110
local school board shall require each school to issue credentials 1111
for a digital solution selected by or procurement cards provided 1112
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by the Department of Finance and Administration under the 1113
provisions of Section 31-7-9(1)(c) for the use of teachers and 1114
necessary support personnel in making instructional supply fund 1115
expenditures under this section, consistent with the regulations 1116
of the Mississippi Department of Finance and Administration 1117
pursuant to Section 31-7-9. Such credentials or procurement cards 1118
shall be provided by the State Department of Education to local 1119
school districts on a date determined by the State Department of 1120
Education, but not later than August 1 of each year. Local school 1121
districts shall issue such credentials or procurement cards to 1122
classroom teachers at the beginning of the school year, but no 1123
later than August 1 of each year, and shall be issued in equal 1124
amounts per teacher determined by the total number of qualifying 1125
personnel and the current state appropriation for classroom 1126
supplies with the Education Enhancement Fund. After initial cards 1127
are issued under the timeline prescribed by this section, the 1128
State Department of Education may issue cards to districts for any 1129
classroom teacher hired after July 1 under a timeline prescribed 1130
by the State Department of Education. Such credentials or cards 1131
will expire on a predetermined date at the end of each school 1132
year, but not before April 1 of each year; 1133
(b) Twenty-two and nine one-hundredths percent (22.09%) 1134
to the Board of Trustees of State Institutions of Higher Learning 1135
for the purpose of supporting institutions of higher learning; and 1136
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(c) Fourteen and forty-one one-hundredths percent 1137
(14.41%) to the Mississippi Community College Board for the 1138
purpose of providing support to community and junior colleges. 1139
(4) The amount remaining in the Education Enhancement Fund 1140
after funds are distributed as provided in subsections (2) and (3) 1141
of this section shall be appropriated for other educational needs. 1142
(5) None of the funds appropriated pursuant to subsection 1143
(3)(a) of this section shall be used to reduce the state's General 1144
Fund appropriation for the categories listed in an amount below 1145
the following amounts: 1146
(a) For subsection (3)(a)(ii) of this section, 1147
Thirty-six Million Seven Hundred Thousand Dollars 1148
($36,700,000.00); 1149
(b) For the aggregate of minimum program allotments in 1150
the 1997 fiscal year, formerly provided for in Chapter 19, Title 1151
37, Mississippi Code of 1972, as amended, excluding those funds 1152
for transportation as provided for in paragraph (a) of this 1153
subsection. 1154
(6) Any funds appropriated from the Education Enhancement 1155
Fund that are unexpended at the end of a fiscal year shall lapse 1156
into the Education Enhancement Fund. 1157
SECTION 13. Section 7-7-211, Mississippi Code of 1972, is 1158
brought forward as follows: 1159
7-7-211. The department shall have the power and it shall be 1160
its duty: 1161
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(a) To identify and define for all public offices of 1162
the state and its subdivisions generally accepted accounting 1163
principles or other accounting principles as promulgated by 1164
nationally recognized professional organizations and to consult 1165
with the State Fiscal Officer in the prescription and 1166
implementation of accounting rules and regulations; 1167
(b) To provide best practices, for all public offices 1168
of regional and local subdivisions of the state, systems of 1169
accounting, budgeting and reporting financial facts relating to 1170
said offices in conformity with legal requirements and with 1171
generally accepted accounting principles or other accounting 1172
principles as promulgated by nationally recognized professional 1173
organizations; to assist such subdivisions in need of assistance 1174
in the installation of such systems; to revise such systems when 1175
deemed necessary, and to report to the Legislature at periodic 1176
times the extent to which each office is maintaining such systems, 1177
along with such recommendations to the Legislature for improvement 1178
as seem desirable; 1179
(c) To study and analyze existing managerial policies, 1180
methods, procedures, duties and services of the various state 1181
departments and institutions upon written request of the Governor, 1182
the Legislature or any committee or other body empowered by the 1183
Legislature to make such request to determine whether and where 1184
operations can be eliminated, combined, simplified and improved; 1185
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(d) To postaudit each year and, when deemed necessary, 1186
preaudit and investigate the financial affairs of the departments, 1187
institutions, boards, commissions, or other agencies of state 1188
government, as part of the publication of a comprehensive annual 1189
financial report for the State of Mississippi, or as deemed 1190
necessary by the State Auditor. In complying with the 1191
requirements of this paragraph, the department shall have the 1192
authority to conduct all necessary audit procedures on an interim 1193
and year-end basis; 1194
(e) To postaudit and, when deemed necessary, preaudit 1195
and investigate separately the financial affairs of (i) the 1196
offices, boards and commissions of county governments and any 1197
departments and institutions thereof and therein; (ii) public 1198
school districts, departments of education and junior college 1199
districts; and (iii) any other local offices or agencies which 1200
share revenues derived from taxes or fees imposed by the State 1201
Legislature or receive grants from revenues collected by 1202
governmental divisions of the state; the cost of such audits, 1203
investigations or other services to be paid as follows: Such part 1204
shall be paid by the state from appropriations made by the 1205
Legislature for the operation of the State Department of Audit as 1206
may exceed the sum of Thirty-five Dollars ($35.00) per man-hour 1207
for the services of each staff person engaged in performing the 1208
audit or other service plus the actual cost of any independent 1209
specialist firm contracted by the State Auditor to assist in the 1210
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performance of the audit, which sum shall be paid by the county, 1211
district, department, institution or other agency audited out of 1212
its general fund or any other available funds from which such 1213
payment is not prohibited by law. Costs paid for independent 1214
specialists or firms contracted by the State Auditor shall be paid 1215
by the audited entity through the State Auditor to the specialist 1216
or firm conducting the postaudit. 1217
Each school district in the state shall have its financial 1218
records audited annually, at the end of each fiscal year, either 1219
by the State Auditor or by a certified public accountant approved 1220
by the State Auditor. Beginning with the audits of fiscal year 1221
2010 activity, no certified public accountant shall be selected to 1222
perform the annual audit of a school district who has audited that 1223
district for three (3) or more consecutive years previously. 1224
Certified public accountants shall be selected in a manner 1225
determined by the State Auditor. The school district shall have 1226
the responsibility to pay for the audit, including the review by 1227
the State Auditor of audits performed by certified public 1228
accountants; 1229
(f) To postaudit and, when deemed necessary, preaudit 1230
and investigate the financial affairs of the levee boards; 1231
agencies created by the Legislature or by executive order of the 1232
Governor; profit or nonprofit business entities administering 1233
programs financed by funds flowing through the State Treasury or 1234
through any of the agencies of the state, or its subdivisions; and 1235
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all other public bodies supported by funds derived in part or 1236
wholly from public funds, except municipalities which annually 1237
submit an audit prepared by a qualified certified public 1238
accountant using methods and procedures prescribed by the 1239
department; 1240
(g) To make written demand, when necessary, for the 1241
recovery of any amounts representing public funds improperly 1242
withheld, misappropriated and/or otherwise illegally expended by 1243
an officer, employee or administrative body of any state, county 1244
or other public office, and/or for the recovery of the value of 1245
any public property disposed of in an unlawful manner by a public 1246
officer, employee or administrative body, such demands to be made 1247
(i) upon the person or persons liable for such amounts and upon 1248
the surety on official bond thereof, and/or (ii) upon any 1249
individual, partnership, corporation or association to whom the 1250
illegal expenditure was made or with whom the unlawful disposition 1251
of public property was made, if such individual, partnership, 1252
corporation or association knew or had reason to know through the 1253
exercising of reasonable diligence that the expenditure was 1254
illegal or the disposition unlawful. Such demand shall be 1255
premised on competent evidence, which shall include at least one 1256
(1) of the following: (i) sworn statements, (ii) written 1257
documentation, (iii) physical evidence, or (iv) reports and 1258
findings of government or other law enforcement agencies. Other 1259
provisions notwithstanding, a demand letter issued pursuant to 1260
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this paragraph shall remain confidential by the State Auditor 1261
until the individual against whom the demand letter is being filed 1262
has been served with a copy of such demand letter. If, however, 1263
such individual cannot be notified within fifteen (15) days using 1264
reasonable means and due diligence, such notification shall be 1265
made to the individual's bonding company, if he or she is bonded. 1266
Each such demand shall be paid into the proper treasury of the 1267
state, county or other public body through the office of the 1268
department in the amount demanded within thirty (30) days from the 1269
date thereof, together with interest thereon in the sum of one 1270
percent (1%) per month from the date such amount or amounts were 1271
improperly withheld, misappropriated and/or otherwise illegally 1272
expended. In the event, however, such person or persons or such 1273
surety shall refuse, neglect or otherwise fail to pay the amount 1274
demanded and the interest due thereon within the allotted thirty 1275
(30) days, the State Auditor shall have the authority and it shall 1276
be his duty to institute suit, and the Attorney General shall 1277
prosecute the same in any court of the state to the end that there 1278
shall be recovered the total of such amounts from the person or 1279
persons and surety on official bond named therein; and the amounts 1280
so recovered shall be paid into the proper treasury of the state, 1281
county or other public body through the State Auditor. In any 1282
case where written demand is issued to a surety on the official 1283
bond of such person or persons and the surety refuses, neglects or 1284
otherwise fails within one hundred twenty (120) days to either pay 1285
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the amount demanded and the interest due thereon or to give the 1286
State Auditor a written response with specific reasons for 1287
nonpayment, then the surety shall be subject to a civil penalty in 1288
an amount of twelve percent (12%) of the bond, not to exceed Ten 1289
Thousand Dollars ($10,000.00), to be deposited into the State 1290
General Fund; 1291
(h) To investigate any alleged or suspected violation 1292
of the laws of the state by any officer or employee of the state, 1293
county or other public office in the purchase, sale or the use of 1294
any supplies, services, equipment or other property belonging 1295
thereto; and in such investigation to do any and all things 1296
necessary to procure evidence sufficient either to prove or 1297
disprove the existence of such alleged or suspected violations. 1298
The Division of Investigation of the State Department of Audit may 1299
investigate, for the purpose of prosecution, any suspected 1300
criminal violation of the provisions of this chapter. For the 1301
purpose of administration and enforcement of this chapter, the 1302
enforcement employees of the Division of Investigation of the 1303
State Department of Audit have the powers of a law enforcement 1304
officer of this state, and shall be empowered to make arrests and 1305
to serve and execute search warrants and other valid legal process 1306
anywhere within the State of Mississippi. All enforcement 1307
employees of the Division of Investigation of the State Department 1308
of Audit hired on or after July 1, 1993, shall be required to 1309
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complete the Law Enforcement Officers Training Program and shall 1310
meet the standards of the program; 1311
(i) To issue subpoenas, with the approval of, and 1312
returnable to, a judge of a chancery or circuit court, in termtime 1313
or in vacation, to examine the records, documents or other 1314
evidence of persons, firms, corporations or any other entities 1315
insofar as such records, documents or other evidence relate to 1316
dealings with any state, county or other public entity. The 1317
circuit or chancery judge must serve the county in which the 1318
records, documents or other evidence is located; or where all or 1319
part of the transaction or transactions occurred which are the 1320
subject of the subpoena; 1321
(j) In any instances in which the State Auditor is or 1322
shall be authorized or required to examine or audit, whether 1323
preaudit or postaudit, any books, ledgers, accounts or other 1324
records of the affairs of any public hospital owned or owned and 1325
operated by one or more political subdivisions or parts thereof or 1326
any combination thereof, or any school district, including 1327
activity funds thereof, it shall be sufficient compliance 1328
therewith, in the discretion of the State Auditor, that such 1329
examination or audit be made from the report of any audit or other 1330
examination certified by a certified public accountant and 1331
prepared by or under the supervision of such certified public 1332
accountant. Such audits shall be made in accordance with 1333
generally accepted standards of auditing, with the use of an audit 1334
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program prepared by the State Auditor, and final reports of such 1335
audits shall conform to the format prescribed by the State 1336
Auditor. All files, working papers, notes, correspondence and all 1337
other data compiled during the course of the audit shall be 1338
available, without cost, to the State Auditor for examination and 1339
abstracting during the normal business hours of any business day. 1340
The expense of such certified reports shall be borne by the 1341
respective hospital, or any available school district funds, 1342
subject to examination or audit. The State Auditor shall not be 1343
bound by such certified reports and may, in his or their 1344
discretion, conduct such examination or audit from the books, 1345
ledgers, accounts or other records involved as may be appropriate 1346
and authorized by law; 1347
(k) The State Auditor shall have the authority to 1348
contract with qualified public accounting firms to perform 1349
selected audits required in paragraphs (d), (e), (f) and (j) of 1350
this section, if funds are made available for such contracts by 1351
the Legislature, or if funds are available from the governmental 1352
entity covered by paragraphs (d), (e), (f) and (j). Such audits 1353
shall be made in accordance with generally accepted standards of 1354
auditing. All files, working papers, notes, correspondence and 1355
all other data compiled during the course of the audit shall be 1356
available, without cost, to the State Auditor for examination and 1357
abstracting during the normal business hours of any business day; 1358
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(l) The State Auditor shall have the authority to 1359
establish training courses and programs for the personnel of the 1360
various state and local governmental entities under the 1361
jurisdiction of the Office of the State Auditor. The training 1362
courses and programs shall include, but not be limited to, topics 1363
on internal control of funds, property and equipment control and 1364
inventory, governmental accounting and financial reporting, and 1365
internal auditing. The State Auditor is authorized to charge a 1366
fee from the participants of these courses and programs, which fee 1367
shall be deposited into the Department of Audit Special Fund. 1368
State and local governmental entities are authorized to pay such 1369
fee and any travel expenses out of their general funds or any 1370
other available funds from which such payment is not prohibited by 1371
law; 1372
(m) Upon written request by the Governor or any member 1373
of the State Legislature, the State Auditor may audit any state 1374
funds and/or state and federal funds received by any nonprofit 1375
corporation incorporated under the laws of this state; 1376
(n) To conduct performance audits of personal or 1377
professional service contracts by state agencies on a random 1378
sampling basis, or upon request of the State Personal Service 1379
Contract Review Board under Section 25-9-120(3); 1380
(o) At the discretion of the State Auditor, the Auditor 1381
may conduct risk assessments, as well as performance and 1382
compliance audits based on Generally Accepted Government Auditing 1383
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Standards (GAGAS) of any state-funded economic development program 1384
authorized under Title 57, Mississippi Code of 1972. After risk 1385
assessments or program audits, the State Auditor may conduct 1386
audits of those projects deemed high-risk, specifically as they 1387
identify any potential wrongdoing or noncompliance based on 1388
objectives of the economic development program. The Auditor is 1389
granted authority to gather, audit and review data and information 1390
from the Mississippi Development Authority or any of its agents, 1391
the Department of Revenue, and when necessary under this 1392
paragraph, the recipient business or businesses or any other 1393
private, public or nonprofit entity with information relevant to 1394
the audit project. The maximum amount the State Auditor may bill 1395
the oversight agency under this paragraph in any fiscal year is 1396
One Hundred Thousand Dollars ($100,000.00), based on reasonable 1397
and necessary expenses; 1398
(p) To review and approve any independent auditor 1399
selected by the Mississippi Lottery Corporation in accordance with 1400
Section 27-115-89, to conduct an annual audit of the corporation; 1401
and 1402
(q) To conduct audits or investigations of the 1403
Mississippi Lottery Corporation if, in the opinion of the State 1404
Auditor, conditions justify such audits or investigations. 1405
SECTION 14. Section 19-9-157, Mississippi Code of 1972, is 1406
brought forward as follows: 1407
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19-9-157. The board of supervisors of the situs county, upon 1408
receipt of the payments pursuant to Section 19-9-151 less the 1409
payment made according to Section 19-9-153, shall pay all such 1410
funds in excess of Five Million Five Hundred Thousand Dollars 1411
($5,500,000.00) to the governing authorities of the public school 1412
districts in such county in the proportion that the net enrollment 1413
for the preceding scholastic year of each school district bears to 1414
the total net enrollment of the county for the preceding 1415
scholastic year. Such funds may be expended only for the purposes 1416
of capital improvements to school facilities and only after plans 1417
therefor have been submitted to and approved by the State Board of 1418
Education. The governing authorities of such school districts may 1419
borrow money in anticipation of receipt of payments pursuant to 1420
this section and the levying authority for the school district may 1421
issue negotiable notes therefor, for the purposes set forth 1422
herein. Such loan shall be repaid from the payments received 1423
under this section by the governing authorities of the public 1424
school district. However, no public school districts within the 1425
situs county shall be entitled to any payments after January 1, 1426
1990. 1427
SECTION 15. Section 19-9-171, Mississippi Code of 1972, is 1428
brought forward as follows: 1429
19-9-171. The revenue from ad valorem taxes for school 1430
district purposes that are levied upon liquefied natural gas 1431
terminals or improvements thereto constructed after July 1, 2007, 1432
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crude oil refineries constructed after July 1, 2007, and 1433
expansions or improvements to existing crude oil refineries 1434
constructed after July 1, 2007, shall be distributed to all public 1435
school districts in the county in which the facilities are located 1436
in the proportion that the net enrollment of each school district 1437
bears to the total net enrollment of all school districts in the 1438
county. The county or municipal tax collector, as the case may 1439
be, shall pay such tax collections, except for taxes collected for 1440
the payment of the principal of and interest on school bonds or 1441
notes and except for taxes collected to defray collection costs, 1442
into the appropriate school depository and report to the school 1443
board of the appropriate school district at the same time and in 1444
the same manner as the tax collector makes his or her payments and 1445
reports of other taxes collected by him or her. 1446
SECTION 16. Section 27-39-317, Mississippi Code of 1972, is 1447
brought forward as follows: 1448
27-39-317. The board of supervisors of each county shall, at 1449
its regular meeting in September of each year, levy the county ad 1450
valorem taxes for the fiscal year, and shall, by order, fix the 1451
tax rate, or levy, for the county, for the road districts, if any, 1452
and for the school districts, if any, and for any other taxing 1453
districts; and the rates, or levies, for the county and for any 1454
district shall be expressed in mills or a decimal fraction of a 1455
mill. Said tax rates, or levies, shall determine the ad valorem 1456
taxes to be collected upon each dollar of valuation, upon the 1457
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assessment rolls of the county, including the assessment of motor 1458
vehicles as provided by the Motor Vehicle Ad Valorem Tax Law of 1459
1958, Section 27-51-1 et seq., for county taxes; and upon each 1460
dollar of valuation for the respective districts, as shown upon 1461
the assessment rolls of the county, including the assessment of 1462
motor vehicles as provided by the Motor Vehicle Ad Valorem Tax Law 1463
of 1958, Section 27-51-1 et seq.; except as to such values as 1464
shall be exempt, in whole or in part, from certain tax rates or 1465
levies. If the rate or levy for the county is an increase from 1466
the previous fiscal year, then the proposed rate or levy shall be 1467
advertised in accordance with Section 27-39-203. If the board of 1468
supervisors of any county shall not levy the county taxes and the 1469
district taxes at its regular September meeting, the board shall 1470
levy the same on or before September 15 at an adjourned or special 1471
meeting, or thereafter, provided, however, that if such levy be 1472
not made on or before the fifteenth day of September then the tax 1473
collector or Department of Revenue may issue road and bridge 1474
privilege tax license plates for motor vehicles as defined in the 1475
Motor Vehicle Ad Valorem Tax Law of 1958, Section 27-51-1 et seq., 1476
without collecting or requiring proof of payment of county ad 1477
valorem taxes, and may continue to so issue such plates until such 1478
levy is duly certified to him, and for twenty-four (24) hours 1479
thereafter. 1480
Notwithstanding the requirements of this section, in the 1481
event the Department of Revenue orders the county to make an 1482
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adjustment to the tax roll pursuant to Section 27-35-113, the 1483
county shall have a period of thirty (30) days from the date of 1484
the commission's final determination to adjust the millage in 1485
order to collect the same dollar amount of taxes as originally 1486
levied by the board. 1487
In making the levy of taxes, the board of supervisors shall 1488
specify, in its order, the levy for each purpose, as follows: 1489
(a) For general county purposes (current expense and 1490
maintenance taxes), as authorized by Section 27-39-303. 1491
(b) For roads and bridges, as authorized by Section 1492
27-39-305. 1493
(c) For schools, including the total funding formula 1494
levy and the levy for each school district including special 1495
municipal separate school districts, but not including other 1496
municipal separate school districts, and for an agricultural high 1497
school, county high school or community or junior college (current 1498
expense and maintenance taxes), as authorized by Chapter 57, Title 1499
37, Mississippi Code of 1972, and any other applicable statute. 1500
The levy for schools shall apply to the assessed value of property 1501
in the respective school districts, including special municipal 1502
separate school districts, but not including other municipal 1503
separate school districts, and a distinct and separate levy shall 1504
be made for each school district, and the purpose for each levy 1505
shall be stated. 1506
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(d) For road bonds and the interest thereon, separately 1507
for countywide bonds and for the bonds of each road district. 1508
(e) For school bonds and the interest thereon, 1509
separately for countywide bonds and for the bonds of each school 1510
district. 1511
(f) For countywide bonds, and the interest thereon, 1512
other than for road bonds and school bonds. 1513
(g) For loans, notes or any other obligation, and the 1514
interest thereon, if permitted by the law. 1515
(h) For any other purpose for which a levy is lawfully 1516
made. 1517
The order shall state all of the purposes for which the 1518
general county levy is made, using the administrative items 1519
suggested by the State Department of Audit under the county budget 1520
law in its uniform system of accounts for counties, but the rate 1521
or levy for any item or purpose need not be shown; and if a 1522
countywide levy is made for any general or special purpose under 1523
the provisions of any law other than Section 27-39-303, each such 1524
levy shall be separately stated. 1525
During the month of February of each year, if the order or 1526
resolution of the board of trustees of any school district of said 1527
county or partly in said county, is filed with it requesting the 1528
levying of ad valorem taxes for the support and maintenance of 1529
such school district for the following fiscal year, then the board 1530
of supervisors of every such county in the state shall notify, in 1531
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writing, within thirty (30) days, the county superintendent of 1532
education of such county, the levy or levies it intends to make 1533
for the support and maintenance of such school districts of such 1534
county at its regular meeting in September following, and the 1535
county superintendent of education and the trustees of all such 1536
school districts shall be authorized to use such expressed 1537
intention of the board of supervisors in computing the support and 1538
maintenance budget or budgets of such school district or districts 1539
for the ensuing fiscal school year. 1540
SECTION 17. Section 37-3-83, Mississippi Code of 1972, is 1541
brought forward as follows: 1542
37-3-83. (1) There is established within the State 1543
Department of Education, using only existing staff and resources, 1544
a School Safety Grant Program, available to all eligible public 1545
school districts, to assist in financing programs to provide 1546
school safety. However, no monies from the Temporary Assistance 1547
for Needy Families grant may be used for the School Safety Grant 1548
Program. 1549
(2) The school board of each school district, with the 1550
assistance of the State Department of Education School Safety 1551
Center, shall adopt a comprehensive local school district school 1552
safety plan and shall update the plan on an annual basis. 1553
(3) Subject to the extent of appropriations available, the 1554
School Safety Grant Program shall offer any of the following 1555
specific preventive services, and other additional services 1556
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appropriate to the most current school district school safety 1557
plan: 1558
(a) Metal detectors; 1559
(b) Video surveillance cameras, communications 1560
equipment and monitoring equipment for classrooms, school 1561
buildings, school grounds and school buses; 1562
(c) Crisis management/action teams responding to school 1563
violence; 1564
(d) Violence prevention training, conflict resolution 1565
training, behavioral stress training and other appropriate 1566
training designated by the State Department of Education for 1567
faculty and staff; and 1568
(e) School safety personnel. 1569
(4) Each local school district of this state may annually 1570
apply for school safety grant funds subject to appropriations by 1571
the Legislature. School safety grants shall include a base grant 1572
amount plus an additional amount per student in net enrollment in 1573
the school or school district. The base grant amount and amount 1574
per student shall be determined by the State Board of Education, 1575
subject to specific appropriation therefor by the Legislature. In 1576
order to be eligible for such program, each local school board 1577
desiring to participate shall apply to the State Department of 1578
Education by May 31 before the beginning of the applicable fiscal 1579
year on forms provided by the department, and shall be required to 1580
establish a local School Safety Task Force to involve members of 1581
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the community in the school safety effort. The State Department 1582
of Education shall determine by July 1 of each succeeding year 1583
which local school districts have submitted approved applications 1584
for school safety grants. 1585
(5) As part of the School Safety Grant Program, the State 1586
Department of Education may conduct a pilot program to research 1587
the feasibility of using video camera equipment in the classroom 1588
to address the following: 1589
(a) Determine if video cameras in the classroom reduce 1590
student disciplinary problems; 1591
(b) Enable teachers to present clear and convincing 1592
evidence of a student's disruptive behavior to the student, the 1593
principal, the superintendent and the student's parents; and 1594
(c) Enable teachers to review teaching performance and 1595
receive diagnostic feedback for developmental purposes. 1596
(6) Any local school district may use 1597
audio/visual-monitoring equipment in classrooms, hallways, 1598
buildings, grounds and buses for the purpose of monitoring school 1599
disciplinary problems. 1600
(7) As a component of the comprehensive local school 1601
district school safety plan required under subsection (2) of this 1602
section, the school board of a school district may adopt and 1603
implement a policy addressing sexual abuse of children, to be 1604
known as "Erin's Law Awareness." Any policy adopted under this 1605
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subsection may include or address, but need not be limited to, the 1606
following: 1607
(a) Methods for increasing teacher, student and 1608
parental awareness of issues regarding sexual abuse of children, 1609
including knowledge of likely warning signs indicating that a 1610
child may be a victim of sexual abuse; 1611
(b) Educational information for parents or guardians, 1612
which may be included in the school handbook, on the warning signs 1613
of a child being abused, along with any needed assistance, 1614
referral or resource information; 1615
(c) Training for school personnel on child sexual 1616
abuse; 1617
(d) Age-appropriate curriculum for students in 1618
prekindergarten through fifth grade; 1619
(e) Actions that a child who is a victim of sexual 1620
abuse should take to obtain assistance and intervention; 1621
(f) Counseling and resources available for students 1622
affected by sexual abuse; and 1623
(g) Emotional and educational support for a child who 1624
has been abused to enable the child to be successful in school. 1625
(8) As part of the school safety grant program, the State 1626
Department of Education shall establish three (3) pilot programs 1627
in six (6) school districts utilizing an evidence-based curriculum 1628
to provide students in Grades K-5 with skills to manage stress and 1629
anxiety in order for them to be better equipped to handle 1630
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challenges in a healthy way and build resiliency. The Mississippi 1631
Department of Mental Health shall be responsible for the selection 1632
of the content of the evidence-based curriculum. The results of 1633
this pilot program shall be measured and reported, and such 1634
results shall be used in consideration of the implementation of 1635
this curriculum statewide. 1636
(9) As a component of the comprehensive local school 1637
district safety plan required under subsection (2) of this 1638
section, beginning in the 2019-2020 school year, the State 1639
Department of Education shall require local school districts to 1640
conduct, every two (2) years, refresher training on mental health 1641
and suicide prevention for all school employees and personnel, 1642
including all cafeteria workers, custodians, teachers and 1643
administrators. The Mississippi Department of Mental Health shall 1644
be responsible for the development and/or selection of the content 1645
of the training, which training shall be provided at no cost to 1646
school employees. School districts shall report completion of the 1647
training to the State Department of Education. 1648
SECTION 18. Section 37-15-38, Mississippi Code of 1972, is 1649
brought forward as follows: 1650
37-15-38. (1) The following phrases have the meanings 1651
ascribed in this section unless the context clearly requires 1652
otherwise: 1653
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(a) A dual enrolled student is a student who is 1654
enrolled in a community or junior college or state institution of 1655
higher learning while enrolled in high school. 1656
(b) A dual credit student is a student who is enrolled 1657
in a community or junior college or state institution of higher 1658
learning while enrolled in high school and who is receiving high 1659
school and college credit for postsecondary coursework. 1660
(2) A local school board, the Board of Trustees of State 1661
Institutions of Higher Learning and the Mississippi Community 1662
College Board shall establish a dual enrollment system under which 1663
students in the school district who meet the prescribed criteria 1664
of this section may be enrolled in a postsecondary institution in 1665
Mississippi while they are still in school. 1666
(3) Dual credit eligibility. Before credits earned by a 1667
qualified high school student from a community or junior college 1668
or state institution of higher learning may be transferred to the 1669
student's home school district, the student must be properly 1670
enrolled in a dual enrollment program. 1671
(4) Admission criteria for dual enrollment in community and 1672
junior college or university programs. The Mississippi Community 1673
College Board and the Board of Trustees of State Institutions of 1674
Higher Learning may recommend to the State Board of Education 1675
admission criteria for dual enrollment programs under which high 1676
school students may enroll at a community or junior college or 1677
university while they are still attending high school and enrolled 1678
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in high school courses. Students may be admitted to enroll in 1679
community or junior college courses under the dual enrollment 1680
programs if they meet that individual institution's stated dual 1681
enrollment admission requirements. 1682
(5) Tuition and cost responsibility. Tuition and costs for 1683
university-level courses and community and junior college courses 1684
offered under a dual enrollment program may be paid for by the 1685
postsecondary institution, the local school district, the parents 1686
or legal guardians of the student, or by grants, foundations or 1687
other private or public sources. Payment for tuition and any 1688
other costs must be made directly to the credit-granting 1689
institution. 1690
(6) Transportation responsibility. Any transportation 1691
required by a student to participate in the dual enrollment 1692
program is the responsibility of the parent, custodian or legal 1693
guardian of the student. Transportation costs may be paid from 1694
any available public or private sources, including the local 1695
school district. 1696
(7) School district net enrollment credit. When dually 1697
enrolled, the student may be counted, for total funding formula 1698
purposes, in the net enrollment of the public school district in 1699
which the student attends high school. 1700
(8) High school student transcript transfer requirements. 1701
Grades and college credits earned by a student admitted to a dual 1702
credit program must be recorded on the high school student record 1703
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and on the college transcript at the university or community or 1704
junior college where the student attends classes. The transcript 1705
of the university or community or junior college coursework may be 1706
released to another institution or applied toward college 1707
graduation requirements. 1708
(9) Determining factor of prerequisites for dual enrollment 1709
courses. Each university and community or junior college 1710
participating in a dual enrollment program shall determine course 1711
prerequisites. Course prerequisites shall be the same for dual 1712
enrolled students as for regularly enrolled students at that 1713
university or community or junior college. 1714
(10) Process for determining articulation of curriculum 1715
between high school, university, and community and junior college 1716
courses. All dual credit courses must meet the standards 1717
established at the postsecondary level. Postsecondary level 1718
developmental courses may not be considered as meeting the 1719
requirements of the dual credit program. Dual credit memorandum 1720
of understandings must be established between each postsecondary 1721
institution and the school district implementing a dual credit 1722
program. 1723
(11) [Deleted] 1724
(12) Eligible courses for dual credit programs. Courses 1725
eligible for dual credit include, but are not necessarily limited 1726
to, foreign languages, advanced math courses, advanced science 1727
courses, performing arts, advanced business and technology, and 1728
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career and technical courses. Distance Learning Collaborative 1729
Program courses approved under Section 37-67-1 shall be fully 1730
eligible for dual credit. All courses being considered for dual 1731
credit must receive unconditional approval from the superintendent 1732
of the local school district and the chief instructional officer 1733
at the participating community or junior college or university in 1734
order for college credit to be awarded. A university or community 1735
or junior college shall make the final decision on what courses 1736
are eligible for semester hour credits. 1737
(13) High school Carnegie unit equivalency. One (1) 1738
three-hour university or community or junior college course is 1739
equal to one (1) high school Carnegie unit. 1740
(14) Course alignment. The universities, community and 1741
junior colleges and the State Department of Education shall 1742
periodically review their respective policies and assess the place 1743
of dual credit courses within the context of their traditional 1744
offerings. 1745
(15) Maximum dual credits allowed. It is the intent of the 1746
dual enrollment program to make it possible for every eligible 1747
student who desires to earn a semester's worth of college credit 1748
in high school to do so. A qualified dually enrolled high school 1749
student must be allowed to earn an unlimited number of college or 1750
university credits for dual credit. 1751
(16) Dual credit program allowances. A student may be 1752
granted credit delivered through the following means: 1753
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(a) Examination preparation taught at a high school by 1754
a qualified teacher. A student may receive credit at the 1755
secondary level after completion of an approved course and passing 1756
the standard examination, such as an Advanced Placement or 1757
International Baccalaureate course through which a high school 1758
student is allowed CLEP credit by making a three (3) or higher on 1759
the end-of-course examination. 1760
(b) College or university courses taught at a high 1761
school or designated postsecondary site by a qualified teacher who 1762
is an employee of the school district and approved as an 1763
instructor by the collaborating college or university. 1764
(c) College or university courses taught at a college, 1765
university or high school by an instructor employed by the college 1766
or university and approved by the collaborating school district. 1767
(d) Online courses of any public university, community 1768
or junior college in Mississippi. 1769
(17) Qualifications of dual credit instructors. A dual 1770
credit academic instructor must meet the requirements set forth by 1771
the regional accrediting association (Southern Association of 1772
College and Schools). University and community and junior college 1773
personnel have the sole authority in the selection of dual credit 1774
instructors. 1775
A dual credit career and technical education instructor must 1776
meet the requirements set forth by the Mississippi Community 1777
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College Board in the qualifications manual for postsecondary 1778
career and technical personnel. 1779
(18) Guidance on local agreements. The Chief Academic 1780
Officer of the State Board of Trustees of State Institutions of 1781
Higher Learning and the Chief Instructional Officers of the 1782
Mississippi Community College Board and the State Department of 1783
Education, working collaboratively, shall develop a template to be 1784
used by the individual community and junior colleges and 1785
institutions of higher learning for consistent implementation of 1786
the dual enrollment program throughout the State of Mississippi. 1787
(19) Mississippi Works Dual Enrollment-Dual Credit Option. 1788
A local school board and the local community colleges board shall 1789
establish a Mississippi Works Dual Enrollment-Dual Credit Option 1790
Program under which potential or recent student dropouts may 1791
dually enroll in their home school and a local community college 1792
in a dual credit program consisting of high school completion 1793
coursework and a community college credential, certificate or 1794
degree program. Students completing the dual enrollment-credit 1795
option may obtain their high school diploma while obtaining a 1796
community college credential, certificate or degree. The 1797
Mississippi Department of Employment Security shall assist 1798
students who have successfully completed the Mississippi Works 1799
Dual Enrollment-Dual Credit Option in securing a job upon the 1800
application of the student or the participating school or 1801
community college. The Mississippi Works Dual Enrollment-Dual 1802
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Credit Option Program will be implemented statewide in the 1803
2012-2013 school year and thereafter. The State Board of 1804
Education, local school board and the local community college 1805
board shall establish criteria for the Dual Enrollment-Dual Credit 1806
Program. Students enrolled in the program will not be eligible to 1807
participate in interscholastic sports or other extracurricular 1808
activities at the home school district. Tuition and costs for 1809
community college courses offered under the Dual Enrollment-Dual 1810
Credit Program shall not be charged to the student, parents or 1811
legal guardians. When dually enrolled, the student shall be 1812
counted, for total funding formula purposes, in the net enrollment 1813
of the public school district in which the student attends high 1814
school. Any transportation required by the student to participate 1815
in the Dual Enrollment-Dual Credit Program is the responsibility 1816
of the parent or legal guardian of the student, and transportation 1817
costs may be paid from any available public or private sources, 1818
including the local school district. Grades and college credits 1819
earned by a student admitted to this Dual Enrollment-Dual Credit 1820
Program shall be recorded on the high school student record and on 1821
the college transcript at the community college and high school 1822
where the student attends classes. The transcript of the 1823
community college coursework may be released to another 1824
institution or applied toward college graduation requirements. 1825
Any course that is required for subject area testing as a 1826
requirement for graduation from a public school in Mississippi is 1827
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eligible for dual credit, and courses eligible for dual credit 1828
shall also include career, technical and degree program courses. 1829
All courses eligible for dual credit shall be approved by the 1830
superintendent of the local school district and the chief 1831
instructional officer at the participating community college in 1832
order for college credit to be awarded. A community college shall 1833
make the final decision on what courses are eligible for semester 1834
hour credits and the local school superintendent, subject to 1835
approval by the Mississippi Department of Education, shall make 1836
the final decision on the transfer of college courses credited to 1837
the student's high school transcript. 1838
SECTION 19. Section 37-16-3, Mississippi Code of 1972, is 1839
brought forward as follows: 1840
37-16-3. (1) The State Department of Education is directed 1841
to implement a program of statewide assessment testing which shall 1842
provide for the improvement of the operation and management of the 1843
public schools. The statewide program shall be timed, as far as 1844
possible, so as not to conflict with ongoing district assessment 1845
programs. As part of the program, the department shall: 1846
(a) Establish, with the approval of the State Board of 1847
Education, minimum performance standards related to the goals for 1848
education contained in the state's plan including, but not limited 1849
to, basic skills in reading, writing and mathematics. The minimum 1850
performance standards shall be approved by April 1 in each year 1851
they are established. 1852
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(b) Conduct a uniform statewide testing program in 1853
grades deemed appropriate in the public schools, including charter 1854
schools, which shall include the administration of a 1855
career-readiness assessment, such as, but not limited to, the ACT 1856
WorkKeys Assessment, deemed appropriate by the Mississippi 1857
Department of Education working in coordination with the Office of 1858
Workforce Development, to any students electing to take the 1859
assessment. Each individual school district shall determine 1860
whether the assessment is administered in the tenth, eleventh or 1861
twelfth grade. The program may test skill areas, basic skills and 1862
high school course content. 1863
(c) Monitor the results of the assessment program and, 1864
at any time the composite student performance of a school or basic 1865
program is found to be below the established minimum standards, 1866
notify the district superintendent or the governing board of the 1867
charter school, as the case may be, the school principal and the 1868
school advisory committee or other existing parent group of the 1869
situation within thirty (30) days of its determination. The 1870
department shall further provide technical assistance to a school 1871
district in the identification of the causes of this deficiency 1872
and shall recommend courses of action for its correction. 1873
(d) Provide technical assistance to the school 1874
districts, when requested, in the development of student 1875
performance standards in addition to the established minimum 1876
statewide standards. 1877
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(e) Issue security procedure regulations providing for 1878
the security and integrity of the tests that are administered 1879
under the basic skills assessment program. 1880
(f) In case of an allegation of a testing irregularity 1881
that prompts a need for an investigation by the Department of 1882
Education, the department may, in its discretion, take complete 1883
control of the statewide test administration in a school district 1884
or any part thereof, including, but not limited to, obtaining 1885
control of the test booklets and answer documents. In the case of 1886
any verified testing irregularity that jeopardized the security 1887
and integrity of the test(s), validity or the accuracy of the test 1888
results, the cost of the investigation and any other actual and 1889
necessary costs related to the investigation paid by the 1890
Department of Education shall be reimbursed by the local school 1891
district from funds other than federal funds, total funding 1892
formula funds provided in Sections 37-151-200 through 37-151-215, 1893
or any other state funds within six (6) months from the date of 1894
notice by the department to the school district to make 1895
reimbursement to the department. 1896
(2) Uniform basic skills tests shall be completed by each 1897
student in the appropriate grade. These tests shall be 1898
administered in such a manner as to preserve the integrity and 1899
validity of the assessment. In the event of excused or unexcused 1900
student absences, make-up tests shall be given. The school 1901
superintendent of every school district in the state and the 1902
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principal of each charter school shall annually certify to the 1903
State Department of Education that each student enrolled in the 1904
appropriate grade has completed the required basic skills 1905
assessment test for his or her grade in a valid test 1906
administration. 1907
(3) Within five (5) days of completing the administration of 1908
a statewide test, the principal of the school where the test was 1909
administered shall certify under oath to the State Department of 1910
Education that the statewide test was administered in strict 1911
accordance with the Requirements of the Mississippi Statewide 1912
Assessment System as adopted by the State Board of Education. The 1913
principal's sworn certification shall be set forth on a form 1914
developed and approved by the Department of Education. If, 1915
following the administration of a statewide test, the principal 1916
has reason to believe that the test was not administered in strict 1917
accordance with the Requirements of the Mississippi Statewide 1918
Assessment System as adopted by the State Board of Education, the 1919
principal shall submit a sworn certification to the Department of 1920
Education setting forth all information known or believed by the 1921
principal about all potential violations of the Requirements of 1922
the Mississippi Statewide Assessment System as adopted by the 1923
State Board of Education. The submission of false information or 1924
false certification to the Department of Education by any licensed 1925
educator may result in licensure disciplinary action pursuant to 1926
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Section 37-3-2 and criminal prosecution pursuant to Section 1927
37-16-4. 1928
SECTION 20. Section 37-17-6, Mississippi Code of 1972, is 1929
brought forward as follows: 1930
37-17-6. (1) The State Board of Education, acting through 1931
the Commission on School Accreditation, shall establish and 1932
implement a permanent performance-based accreditation system, and 1933
all noncharter public elementary and secondary schools shall be 1934
accredited under this system. 1935
(2) School districts shall be required to provide school 1936
classroom space that is air-conditioned as a minimum requirement 1937
for accreditation. 1938
(3) (a) The State Board of Education, acting through the 1939
Commission on School Accreditation, shall require that school 1940
districts employ certified school librarians according to the 1941
following formula: 1942
Number of Students Number of Certified 1943
Per School Library School Librarians 1944
0 - 499 Students 1/2 Full-time Equivalent 1945
Certified Librarian 1946
500 or More Students 1 Full-time Certified 1947
Librarian 1948
(b) The State Board of Education, however, may increase 1949
the number of positions beyond the above requirements. 1950
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(c) The assignment of certified school librarians to 1951
the particular schools shall be at the discretion of the local 1952
school district. No individual shall be employed as a certified 1953
school librarian without appropriate training and certification as 1954
a school librarian by the State Department of Education. 1955
(d) School librarians in the district shall spend at 1956
least fifty percent (50%) of direct work time in a school library 1957
and shall devote no more than one-fourth (1/4) of the workday to 1958
administrative activities that are library related. 1959
(e) Nothing in this subsection shall prohibit any 1960
school district from employing more certified school librarians 1961
than are provided for in this section. 1962
(f) Any additional millage levied to fund school 1963
librarians required for accreditation under this subsection shall 1964
be included in the tax increase limitation set forth in Sections 1965
37-57-105 and 37-57-107 and shall not be deemed a new program for 1966
purposes of the limitation. 1967
(4) [Deleted] 1968
(5) (a) The State Department of Education, acting through 1969
the Mississippi Commission on School Accreditation, shall 1970
implement a single "A" through "F" school and school district 1971
accountability system complying with applicable federal and state 1972
requirements in order to reach the following educational goals: 1973
(i) To mobilize resources and supplies to ensure 1974
that all students exit third grade reading on grade level; 1975
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(ii) To reduce the student dropout rate to ten 1976
percent (10%) by 2015; and 1977
(iii) To have sixty percent (60%) of students 1978
scoring proficient and advanced on assessments. 1979
(b) The State Department of Education shall combine the 1980
state school and school district accountability system with the 1981
federal system in order to have a single system. 1982
(c) The State Department of Education shall establish 1983
five (5) performance categories ("A," "B," "C," "D" and "F") for 1984
the accountability system based on the following criteria: 1985
(i) Student Achievement: the percent of students 1986
proficient and advanced on the current state assessments; 1987
(ii) Individual student growth: the percent of 1988
students making one (1) year's progress in one (1) year's time on 1989
the state assessment, with an emphasis on the progress of the 1990
lowest twenty-five percent (25%) of students in the school or 1991
district; 1992
(iii) Four-year graduation rate: the percent of 1993
students graduating with a standard high school diploma in four 1994
(4) years, as defined by federal regulations; 1995
(iv) The system shall include the federally 1996
compliant four-year graduation rate in school and school district 1997
accountability system calculations. Graduation rate will apply to 1998
high school and school district accountability ratings as a 1999
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compensatory component. The system shall discontinue the use of 2000
the High School Completer Index (HSCI); 2001
(v) The school and school district accountability 2002
system shall incorporate a standards-based growth model, in order 2003
to support improvement of individual student learning; 2004
(vi) The State Department of Education shall 2005
determine feeder patterns of schools that do not earn a school 2006
grade because the grades and subjects taught at the school do not 2007
have statewide standardized assessments needed to calculate a 2008
school grade. Upon determination of the feeder pattern, the 2009
department shall notify schools and school districts prior to the 2010
release of the school grades. Feeder schools will be assigned the 2011
accountability designation of the school to which they provide 2012
students; 2013
(vii) Standards for student, school and school 2014
district performance will be increased when student proficiency is 2015
at a seventy-five percent (75%) and/or when sixty-five percent 2016
(65%) of the schools and/or school districts are earning a grade 2017
of "B" or higher, in order to raise the standard on performance 2018
after targets are met; and 2019
(viii) The system shall include student 2020
performance on the administration of a career-readiness 2021
assessment, such as, but not limited to, the ACT WorkKeys 2022
Assessment, deemed appropriate by the State Department of 2023
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Education working in coordination with the Office of Workforce 2024
Development. 2025
(6) Nothing in this section shall be deemed to require a 2026
nonpublic school that receives no local, state or federal funds 2027
for support to become accredited by the State Board of Education. 2028
(7) The State Board of Education shall create an 2029
accreditation audit unit under the Commission on School 2030
Accreditation to determine whether schools are complying with 2031
accreditation standards. 2032
(8) The State Board of Education shall be specifically 2033
authorized and empowered to withhold allocations from the total 2034
funding formula funds as provided in Sections 37-151-200 through 2035
37-151-215 to any public school district for failure to timely 2036
report student, school personnel and fiscal data necessary to meet 2037
state and/or federal requirements. 2038
(9) [Deleted] 2039
(10) The State Board of Education shall establish, for those 2040
school districts failing to meet accreditation standards, a 2041
program of development to be complied with in order to receive 2042
state funds, except as otherwise provided in subsection (15) of 2043
this section when the Governor has declared a state of emergency 2044
in a school district or as otherwise provided in Section 206, 2045
Mississippi Constitution of 1890. The state board, in 2046
establishing these standards, shall provide for notice to schools 2047
and sufficient time and aid to enable schools to attempt to meet 2048
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these standards, unless procedures under subsection (15) of this 2049
section have been invoked. 2050
(11) The State Board of Education shall be charged with the 2051
implementation of the program of development in each applicable 2052
school district as follows: 2053
(a) Develop an impairment report for each district 2054
failing to meet accreditation standards in conjunction with school 2055
district officials; 2056
(b) Notify any applicable school district failing to 2057
meet accreditation standards that it is on probation until 2058
corrective actions are taken or until the deficiencies have been 2059
removed. The local school district shall develop a corrective 2060
action plan to improve its deficiencies. For district academic 2061
deficiencies, the corrective action plan for each such school 2062
district shall be based upon a complete analysis of the following: 2063
student test data, student grades, student attendance reports, 2064
student dropout data, existence and other relevant data. The 2065
corrective action plan shall describe the specific measures to be 2066
taken by the particular school district and school to improve: 2067
(i) instruction; (ii) curriculum; (iii) professional development; 2068
(iv) personnel and classroom organization; (v) student incentives 2069
for performance; (vi) process deficiencies; and (vii) reporting to 2070
the local school board, parents and the community. The corrective 2071
action plan shall describe the specific individuals responsible 2072
for implementing each component of the recommendation and how each 2073
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will be evaluated. All corrective action plans shall be provided 2074
to the State Board of Education as may be required. The decision 2075
of the State Board of Education establishing the probationary 2076
period of time shall be final; 2077
(c) Offer, during the probationary period, technical 2078
assistance to the school district in making corrective actions. 2079
Subject to appropriations, the State Department of Education shall 2080
provide technical and/or financial assistance to all such school 2081
districts in order to implement each measure identified in that 2082
district's corrective action plan through professional development 2083
and on-site assistance. Each such school district shall apply for 2084
and utilize all available federal funding in order to support its 2085
corrective action plan in addition to state funds made available 2086
under this paragraph; 2087
(d) Assign department personnel or contract, in its 2088
discretion, with the institutions of higher learning or other 2089
appropriate private entities with experience in the academic, 2090
finance and other operational functions of schools to assist 2091
school districts; 2092
(e) Provide for publication of public notice at least 2093
one time during the probationary period, in a newspaper published 2094
within the jurisdiction of the school district failing to meet 2095
accreditation standards, or if no newspaper is published therein, 2096
then in a newspaper having a general circulation therein. The 2097
publication shall include the following: declaration of school 2098
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system's status as being on probation; all details relating to the 2099
impairment report; and other information as the State Board of 2100
Education deems appropriate. Public notices issued under this 2101
section shall be subject to Section 13-3-31 and not contrary to 2102
other laws regarding newspaper publication. 2103
(12) (a) If the recommendations for corrective action are 2104
not taken by the local school district or if the deficiencies are 2105
not removed by the end of the probationary period, the Commission 2106
on School Accreditation shall conduct a hearing to allow the 2107
affected school district to present evidence or other reasons why 2108
its accreditation should not be withdrawn. Additionally, if the 2109
local school district violates accreditation standards that have 2110
been determined by the policies and procedures of the State Board 2111
of Education to be a basis for withdrawal of school district's 2112
accreditation without a probationary period, the Commission on 2113
School Accreditation shall conduct a hearing to allow the affected 2114
school district to present evidence or other reasons why its 2115
accreditation should not be withdrawn. After its consideration of 2116
the results of the hearing, the Commission on School Accreditation 2117
shall be authorized, with the approval of the State Board of 2118
Education, to withdraw the accreditation of a public school 2119
district, and issue a request to the Governor that a state of 2120
emergency be declared in that district. 2121
(b) (i) If the State Board of Education and the 2122
Commission on School Accreditation determine that an extreme 2123
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emergency situation exists in a school district that jeopardizes 2124
the safety, security or educational interests of the children 2125
enrolled in the schools in that district and that emergency 2126
situation is believed to be related to a serious violation or 2127
violations of accreditation standards or state or federal law, the 2128
State Board of Education may request the Governor to declare a 2129
state of emergency in that school district. For purposes of this 2130
paragraph, the declarations of a state of emergency district's 2131
impairments are related to a lack of financial may include the 2132
school district's serious failure to meet minimum academic 2133
standards, as evidenced by a continued pattern of poor student 2134
performance, or impairments related to a lack of financial 2135
resources. 2136
(ii) If the State Board of Education determines 2137
that a public school or district in the state which, during each 2138
of two (2) consecutive school years or during two (2) of three (3) 2139
consecutive school years, receives an "F" designation by the State 2140
Board of Education under the accountability rating system or has 2141
been persistently failing as defined by the State Board of 2142
Education; or if the State Board of Education determines that a 2143
public school or district in the state which, during each of four 2144
(4) consecutive school years, receives a "D" or "F" designation by 2145
the State Board of Education under the accountability rating 2146
system or has been persistently failing as defined by the State 2147
Board of Education; or if more than fifty percent (50%) of the 2148
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schools within a school district are designated as Schools-At-Risk 2149
in any one (1) year, then the board may place such school or 2150
district into a District of Transformation. The State Board of 2151
Education shall take over only the number of schools and districts 2152
for which it has the capacity to serve. The State Board of 2153
Education shall adopt rules and regulations governing any 2154
additional requirements for placement into a District of 2155
Transformation and the operation thereof. School districts or 2156
schools that are eligible to be placed into a District of 2157
Transformation due to poor academic performance but are not 2158
absorbed due to the capacity of the State Board of Education, 2159
shall develop and implement a district improvement plan with 2160
prescriptive guidance and support from the Mississippi Department 2161
of Education, with the goal of helping the district improve 2162
student achievement. Failure of the school board, superintendent 2163
and school district staff to implement the plan with fidelity and 2164
participate in the activities provided as support by the 2165
department shall result in the school district retaining its 2166
eligibility for placement into a District of Transformation. 2167
(iii) If the State Board of Education determined 2168
that a school district is impaired with a serious lack of 2169
financial resources, the State Board of Education may place the 2170
school district into a District of Transformation. If a school 2171
district is placed into a District of Transformation for financial 2172
reasons, the school district shall be required to reimburse the 2173
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state for any costs incurred by the state on behalf of the school 2174
district. 2175
(c) Whenever the Governor declares a state of emergency 2176
in a school district in response to a request made under paragraph 2177
(a) or (b) of this subsection, or when the State Board of 2178
Education places a school district into a District of 2179
Transformation due to poor academic performance or financial 2180
reasons, the State Board of Education may take one or more of the 2181
following actions: 2182
(i) Declare a state of emergency, under which some 2183
or all of state funds can be escrowed except as otherwise provided 2184
in Section 206, Constitution of 1890, until the board determines 2185
corrective actions are being taken or the deficiencies have been 2186
removed, or that the needs of students warrant the release of 2187
funds. The funds may be released from escrow for any program 2188
which the board determines to have been restored to standard even 2189
though the state of emergency may not as yet be terminated for the 2190
district as a whole; 2191
(ii) Override any decision of the local school 2192
board or superintendent of education, or both, concerning the 2193
management and operation of the school district, or initiate and 2194
make decisions concerning the management and operation of the 2195
school district; 2196
(iii) Assign an interim superintendent, or in its 2197
discretion, contract with a private entity with experience in the 2198
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academic, finance and other operational functions of schools and 2199
school districts, who will have those powers and duties prescribed 2200
in subsection (15) of this section; 2201
(iv) Grant transfers to students who attend this 2202
school district so that they may attend other accredited schools 2203
or districts in a manner that is not in violation of state or 2204
federal law; 2205
(v) For states of emergency declared under 2206
paragraph (a) only, if the accreditation deficiencies are related 2207
to the fact that the school district is too small, with too few 2208
resources, to meet the required standards and if another school 2209
district is willing to accept those students, abolish that 2210
district and assign that territory to another school district or 2211
districts. If the school district has proposed a voluntary 2212
consolidation with another school district or districts, then if 2213
the State Board of Education finds that it is in the best interest 2214
of the pupils of the district for the consolidation to proceed, 2215
the voluntary consolidation shall have priority over any such 2216
assignment of territory by the State Board of Education; 2217
(vi) For actions taken pursuant to paragraph (b) 2218
only, reduce local supplements paid to school district employees, 2219
including, but not limited to, instructional personnel, assistant 2220
teachers and extracurricular activities personnel, if the 2221
district's impairment is related to a lack of financial resources, 2222
but only to an extent that will result in the salaries being 2223
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comparable to districts similarly situated, as determined by the 2224
State Board of Education; 2225
(vii) For actions taken pursuant to paragraph (b) 2226
only, the State Board of Education may take any action as 2227
prescribed in Section 37-17-13. 2228
(d) At the time that satisfactory corrective action has 2229
been taken in a school district in which a state of emergency has 2230
been declared, the State Board of Education may request the 2231
Governor to declare that the state of emergency no longer exists 2232
in the district. 2233
(e) The parent or legal guardian of a school-age child 2234
who is enrolled in a school district whose accreditation has been 2235
withdrawn by the Commission on School Accreditation and without 2236
approval of that school district may file a petition in writing to 2237
a school district accredited by the Commission on School 2238
Accreditation for a legal transfer. The school district 2239
accredited by the Commission on School Accreditation may grant the 2240
transfer according to the procedures of Section 37-15-31(1)(b). 2241
In the event the accreditation of the student's home district is 2242
restored after a transfer has been approved, the student may 2243
continue to attend the transferee school district. The per pupil 2244
amount of the total funding formula allotment for the student's 2245
home school district shall be transferred monthly to the school 2246
district accredited by the Commission on School Accreditation that 2247
has granted the transfer of the school-age child. 2248
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(f) Upon the declaration of a state of emergency for 2249
any school district in which the Governor has previously declared 2250
a state of emergency, the State Board of Education may either: 2251
(i) Place the school district into district 2252
transformation, in which the school district shall remain until it 2253
has fulfilled all conditions related to district transformation. 2254
If the district was assigned an accreditation rating of "D" or "F" 2255
when placed into district transformation, the district shall be 2256
eligible to return to local control when the school district has 2257
attained a "C" rating or higher for three (3) consecutive years; 2258
(ii) Abolish the school district and 2259
administratively consolidate the school district with one or more 2260
existing school districts; 2261
(iii) Reduce the size of the district and 2262
administratively consolidate parts of the district, as determined 2263
by the State Board of Education. However, no school district 2264
which is not in district transformation shall be required to 2265
accept additional territory over the objection of the district; or 2266
(iv) Require the school district to develop and 2267
implement a district improvement plan with prescriptive guidance 2268
and support from the State Department of Education, with the goal 2269
of helping the district improve student achievement. Failure of 2270
the school board, superintendent and school district staff to 2271
implement the plan with fidelity and participate in the activities 2272
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provided as support by the department shall result in the school 2273
district retaining its eligibility for district transformation. 2274
(13) Upon the declaration of a state of emergency in a 2275
school district under subsection (12) of this section, or upon the 2276
State Board of Education's placement of a school district into a 2277
District of Transformation for academic or financial reasons, the 2278
Commission on School Accreditation shall be responsible for public 2279
notice at least once a week for at least three (3) consecutive 2280
weeks in a newspaper published within the jurisdiction of the 2281
school district failing to meet accreditation standards, or if no 2282
newspaper is published therein, then in a newspaper having a 2283
general circulation therein. The size of the notice shall be no 2284
smaller than one-fourth (1/4) of a standard newspaper page and 2285
shall be printed in bold print. If an interim superintendent has 2286
been appointed for the school district, the notice shall begin as 2287
follows: "By authority of Section 37-17-6, Mississippi Code of 2288
1972, as amended, adopted by the Mississippi Legislature during 2289
the 1991 Regular Session, this school district (name of school 2290
district) is hereby placed under the jurisdiction of the State 2291
Department of Education acting through its appointed interim 2292
superintendent (name of interim superintendent)." 2293
The notice also shall include, in the discretion of the State 2294
Board of Education, any or all details relating to the school 2295
district's emergency status, including the declaration of a state 2296
of emergency in the school district and a description of the 2297
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district's impairment deficiencies, conditions of any district 2298
transformation status and corrective actions recommended and being 2299
taken. Public notices issued under this section shall be subject 2300
to Section 13-3-31 and not contrary to other laws regarding 2301
newspaper publication. 2302
Upon termination of a school district in a District of 2303
Transformation, the Commission on School Accreditation shall cause 2304
notice to be published in the school district in the same manner 2305
provided in this section, to include any or all details relating 2306
to the corrective action taken in the school district that 2307
resulted in the termination of the state of emergency. 2308
(14) The State Board of Education or the Commission on 2309
School Accreditation shall have the authority to require school 2310
districts to produce the necessary reports, correspondence, 2311
financial statements, and any other documents and information 2312
necessary to fulfill the requirements of this section. 2313
Nothing in this section shall be construed to grant any 2314
individual, corporation, board or interim superintendent the 2315
authority to levy taxes except in accordance with presently 2316
existing statutory provisions. 2317
(15) (a) Whenever the Governor declares a state of 2318
emergency in a school district in response to a request made under 2319
subsection (12) of this section, or when the State Board of 2320
Education places a school district into a District of 2321
Transformation for academic or financial reasons, the State Board 2322
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of Education, in its discretion, may assign an interim 2323
superintendent to the school district, or in its discretion, may 2324
contract with an appropriate private entity with experience in the 2325
academic, finance and other operational functions of schools and 2326
school districts, who will be responsible for the administration, 2327
management and operation of the school district, including, but 2328
not limited to, the following activities: 2329
(i) Approving or disapproving all financial 2330
obligations of the district, including, but not limited to, the 2331
employment, termination, nonrenewal and reassignment of all 2332
licensed and nonlicensed personnel, contractual agreements and 2333
purchase orders, and approving or disapproving all claim dockets 2334
and the issuance of checks; in approving or disapproving 2335
employment contracts of superintendents, assistant superintendents 2336
or principals, the interim superintendent shall not be required to 2337
comply with the time limitations prescribed in Sections 37-9-15 2338
and 37-9-105; 2339
(ii) Supervising the day-to-day activities of the 2340
district's staff, including reassigning the duties and 2341
responsibilities of personnel in a manner which, in the 2342
determination of the interim superintendent, will best suit the 2343
needs of the district; 2344
(iii) Reviewing the district's total financial 2345
obligations and operations and making recommendations to the 2346
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district for cost savings, including, but not limited to, 2347
reassigning the duties and responsibilities of staff; 2348
(iv) Attending all meetings of the district's 2349
school board and administrative staff; 2350
(v) Approving or disapproving all athletic, band 2351
and other extracurricular activities and any matters related to 2352
those activities; 2353
(vi) Maintaining a detailed account of 2354
recommendations made to the district and actions taken in response 2355
to those recommendations; 2356
(vii) Reporting periodically to the State Board of 2357
Education on the progress or lack of progress being made in the 2358
district to improve the district's impairments during the state of 2359
emergency; and 2360
(viii) Appointing a parent advisory committee, 2361
comprised of parents of students in the school district that may 2362
make recommendations to the interim superintendent concerning the 2363
administration, management and operation of the school district. 2364
The cost of the salary of the interim superintendent and any 2365
other actual and necessary costs related to district 2366
transformation status paid by the State Department of Education 2367
shall be reimbursed by the local school district from funds other 2368
than total funding formula funds as provided in Sections 2369
37-151-200 through 37-151-215. In the alternative, the local 2370
school district may pay the cost of the salary of the interim 2371
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superintendent. The department shall submit an itemized statement 2372
to the superintendent of the local school district for 2373
reimbursement purposes, and any unpaid balance may be withheld 2374
from the district's funding formula funds. 2375
At the time that the Governor, in accordance with the request 2376
of the State Board of Education, declares that the state of 2377
emergency no longer exists in a school district, the interim 2378
superintendent assigned to the district shall remain in place for 2379
a period of two (2) years and shall work alongside the newly 2380
reconstituted school board. A new superintendent may be hired by 2381
the newly reconstituted board after the one (1) year state of 2382
emergency no longer exists, but he or she shall serve as deputy to 2383
the interim superintendent while the interim superintendent is 2384
assigned to the district. 2385
(b) In order to provide loans to school districts under 2386
a state of emergency or in district transformation status that 2387
have impairments related to a lack of financial resources, the 2388
School District Emergency Assistance Fund is created as a special 2389
fund in the State Treasury into which monies may be transferred or 2390
appropriated by the Legislature from any available public 2391
education funds. Funds in the School District Emergency 2392
Assistance Fund up to a maximum balance of Three Million Dollars 2393
($3,000,000.00) annually shall not lapse but shall be available 2394
for expenditure in subsequent years subject to approval of the 2395
State Board of Education. Any amount in the fund in excess of 2396
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Three Million Dollars ($3,000,000.00) at the end of the fiscal 2397
year shall lapse into the State General Fund or the Education 2398
Enhancement Fund, depending on the source of the fund. 2399
The State Board of Education may loan monies from the School 2400
District Emergency Assistance Fund to a school district that is 2401
under a state of emergency or in district transformation status, 2402
in those amounts, as determined by the board, that are necessary 2403
to correct the district's impairments related to a lack of 2404
financial resources. The loans shall be evidenced by an agreement 2405
between the school district and the State Board of Education and 2406
shall be repayable in principal, without necessity of interest, to 2407
the School District Emergency Assistance Fund by the school 2408
district from any allowable funds that are available. The total 2409
amount loaned to the district shall be due and payable within five 2410
(5) years after the impairments related to a lack of financial 2411
resources are corrected. If a school district fails to make 2412
payments on the loan in accordance with the terms of the agreement 2413
between the district and the State Board of Education, the State 2414
Department of Education, in accordance with rules and regulations 2415
established by the State Board of Education, may withhold that 2416
district's total funding formula funds in an amount and manner 2417
that will effectuate repayment consistent with the terms of the 2418
agreement; the funds withheld by the department shall be deposited 2419
into the School District Emergency Assistance Fund. 2420
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The State Board of Education shall develop a protocol that 2421
will outline the performance standards and requisite timeline 2422
deemed necessary for extreme emergency measures. If the State 2423
Board of Education determines that an extreme emergency exists, 2424
simultaneous with the powers exercised in this subsection, it 2425
shall take immediate action against all parties responsible for 2426
the affected school districts having been determined to be in an 2427
extreme emergency. The action shall include, but not be limited 2428
to, initiating civil actions to recover funds and criminal actions 2429
to account for criminal activity. Any funds recovered by the 2430
State Auditor or the State Board of Education from the surety 2431
bonds of school officials or from any civil action brought under 2432
this subsection shall be applied toward the repayment of any loan 2433
made to a school district hereunder. 2434
(16) [Deleted] 2435
(17) [Deleted] 2436
(18) The State Board of Education, acting through the 2437
Commission on School Accreditation, shall require each school 2438
district to comply with standards established by the State 2439
Department of Audit for the verification of fixed assets and the 2440
auditing of fixed assets records as a minimum requirement for 2441
accreditation. 2442
(19) [Deleted] 2443
(20) [Deleted] 2444
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(21) If a local school district is determined as failing and 2445
placed into district transformation status for reasons authorized 2446
by the provisions of this section, the interim superintendent 2447
appointed to the district shall, within forty-five (45) days after 2448
being appointed, present a detailed and structured corrective 2449
action plan to move the local school district out of district 2450
transformation status to the deputy superintendent. A copy of the 2451
interim superintendent's corrective action plan shall also be 2452
filed with the State Board of Education. 2453
SECTION 21. Section 37-22-5, Mississippi Code of 1972, is 2454
brought forward as follows: 2455
37-22-5. There is created an Emergency Fund Loss Assistance 2456
Program to provide temporary grants to eligible school districts. 2457
The purpose of the program shall be to provide relief to school 2458
districts suffering losses of financial assistance under federal 2459
programs, such as the IMPACT Program, designed to serve the 2460
educational needs of children of government employees and Choctaw 2461
Indian children. Any school district which has sustained losses 2462
in direct payments from the federal government for the purpose of 2463
educating the children of federal government employees and Choctaw 2464
Indian children living on United States government owned 2465
reservation land shall be entitled to an Emergency Fund Loss 2466
Assistance Grant, in the amount of the reduction of the grant 2467
funds received from the federal government from prior years. This 2468
grant shall be limited to losses resulting from reductions in the 2469
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level of federal funding allocated to school districts from prior 2470
years and not from reductions resulting from a loss of students 2471
served by the school districts. Losses incurred prior to July 1, 2472
1987, shall not be considered for purposes of determining the 2473
amount of the grant. There is hereby established an Emergency 2474
Fund Loss Assistance Fund in the State Treasury which shall be 2475
used to distribute the emergency grants to school districts. 2476
Expenditures from this fund shall not exceed One Million Dollars 2477
($1,000,000.00) in any fiscal year. If the total of all grant 2478
entitlements from local school districts exceeds such sum, then 2479
the grants to the school districts shall be prorated accordingly. 2480
SECTION 22. Section 37-28-55, Mississippi Code of 1972, is 2481
brought forward as follows: 2482
37-28-55. (1) (a) The State Department of Education shall 2483
make payments to charter schools for each student in net 2484
enrollment at the charter school, as determined under Section 2485
37-151-207, equal to the state share of total funding formula 2486
payments for each student, as determined under Section 37-151-211. 2487
(b) Payments made pursuant to this subsection by the 2488
State Department of Education must be made at the same time and in 2489
the same manner as total funding formula payments are made to 2490
school districts under Sections 37-151-101 and 37-151-103. 2491
Amounts payable to a charter school must be determined by the 2492
State Department of Education pursuant to this section and the 2493
total funding formula. Enrollment projections made under Section 2494
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37-151-207 to determine the net enrollment of a charter school for 2495
calculating the state share payment must be reconciled with a 2496
charter school's net enrollment using months two (2) and three (3) 2497
for the year for which total funding formula funds are being 2498
appropriated, and any necessary adjustments must be made to 2499
payments during the school's following year of operation. Any 2500
necessary adjustment must be based on the state share of the per 2501
pupil amount in effect for the year for which net membership did 2502
not meet enrollment projections and not any new amount 2503
appropriated for the year in which the adjustment will be made. 2504
If a charter school is closed by the authorizer before the 2505
following year, it must pay to the state any amounts due before 2506
completion of the closure. 2507
(2) (a) For students attending a charter school located in 2508
the school district in which the student resides, the school 2509
district in which the charter school is located shall pay directly 2510
to the charter school an amount as follows: the sum of the local 2511
pro rata amount, as calculated by the State Department of 2512
Education in accordance with Section 37-151-211(2)(b) (local 2513
contribution), and the local pro rata amount, as calculated by the 2514
State Department of Education in accordance with Section 37-57-105 2515
(school district operational levy), multiplied by the number of 2516
resident students enrolled in the charter school, based on the 2517
charter school's months two (2) and three (3) net enrollment of 2518
resident students for the current school year. However, the 2519
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amount to the charter school may not include any taxes levied for 2520
the retirement of the local school district's bonded indebtedness 2521
or short-term notes or any taxes levied for the support of 2522
vocational-technical education programs. 2523
(b) The amount must be paid by the school district to 2524
the charter school before January 16 of the current fiscal year. 2525
If the local school district does not pay the required amount to 2526
the charter school before January 16, the State Department of 2527
Education shall reduce the local school district's January 2528
transfer of total funding formula funds by the amount owed to the 2529
charter school and shall redirect that amount to the charter 2530
school. Any such payments made under this paragraph by the State 2531
Department of Education to a charter school must be made at the 2532
same time and in the same manner as total funding formula payments 2533
are made to school districts under Sections 37-151-101 and 2534
37-151-103. 2535
(3) (a) For students attending a charter school located in 2536
a school district in which the student does not reside, the State 2537
Department of Education shall pay to the charter school in which 2538
the students are enrolled an amount as follows: the sum of the 2539
local pro rata amount, as calculated by the State Department of 2540
Education in accordance with Section 37-151-211(2)(b) (local 2541
contribution), and the local pro rata amount, as calculated by the 2542
State Department of Education in accordance with Section 37-57-105 2543
(school district operational levy), multiplied by the number of 2544
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students enrolled in the charter school but residing in that 2545
district, based on the charter school's months two (2) and three 2546
(3) net enrollment of these students for the current school year. 2547
However, the amount to the charter school may not include any 2548
taxes levied for the retirement of the local school district's 2549
bonded indebtedness or short-term notes or any taxes levied for 2550
the support of vocational-technical education programs. 2551
(b) The State Department of Education shall reduce the 2552
school district's January transfer of total funding formula funds 2553
by the amount owed to the charter school and shall redirect that 2554
amount to the charter school. Any such payments made under this 2555
subsection (3) by the State Department of Education to a charter 2556
school must be made at the same time and in the same manner as 2557
total funding formula payments are made to school districts under 2558
Sections 37-151-101 and 37-151-103. 2559
(4) (a) The State Department of Education shall direct the 2560
proportionate share of monies generated under federal programs, 2561
including, but not limited to, special education, vocational, 2562
English Language Learner, and other programs, to charter schools 2563
serving students eligible for such funding. The department shall 2564
ensure that charter schools with rapidly expanding enrollments are 2565
treated equitably in the calculation and disbursement of all 2566
federal program dollars. Each charter school that serves students 2567
who may be eligible to receive services provided through such 2568
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programs shall comply with all reporting requirements to receive 2569
the aid. 2570
(b) A charter school shall pay to a local school 2571
district any federal or state aid attributable to a student with a 2572
disability attending the charter school in proportion to the level 2573
of services for that student which the local school district 2574
provides directly or indirectly. 2575
(c) Subject to the approval of the authorizer, a 2576
charter school and a local school district may negotiate and enter 2577
into a contract for the provision of and payment for special 2578
education services, including, but not necessarily limited to, a 2579
reasonable reserve not to exceed five percent (5%) of the local 2580
school district's total budget for providing special education 2581
services. The reserve may be used by the local school district 2582
only to offset excess costs of providing services to students with 2583
disabilities enrolled in the charter school. 2584
(5) (a) The State Department of Education shall disburse 2585
state transportation funding to a charter school on the same basis 2586
and in the same manner as it is paid to school districts. 2587
(b) A charter school may enter into a contract with a 2588
school district or private provider to provide transportation to 2589
the school's students. 2590
(6) The State Department of Education shall disburse 2591
Education Enhancement Funds for classroom supplies, instructional 2592
materials and equipment, including computers and computer software 2593
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to all eligible charter school teachers on the same basis and in 2594
the same manner as it is paid to school districts under Section 2595
37-61-33(3)(a)(iii) for the purpose of issuing procurement cards 2596
or credentials for a digital solution to eligible teachers. 2597
SECTION 23. Section 37-61-3, Mississippi Code of 1972, is 2598
brought forward as follows: 2599
37-61-3. The total funding formula allotments to the public 2600
school districts and the funds derived from the supplemental 2601
school district tax levies authorized by law shall be used 2602
exclusively for the support, maintenance and operation of the 2603
schools in the manner provided by law for the fiscal years for 2604
which such funds were appropriated, collected or otherwise made 2605
available, and no part of said funds or allotments shall be used 2606
in paying any expenses incurred during any preceding fiscal year. 2607
However, this shall not be construed to prohibit the payment of 2608
expenses incurred during the fiscal year after the close of such 2609
fiscal year from amounts remaining on hand at the end of such 2610
fiscal year, provided that such expenses were properly payable 2611
from such amounts. Moreover, this shall not be construed to 2612
prohibit the payment of the salaries of superintendents, 2613
principals and teachers and other school employees whose salaries 2614
are payable in twelve (12) monthly installments after the close of 2615
the fiscal year from amounts on hand for such purpose at the end 2616
of the fiscal year. 2617
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SECTION 24. Section 37-61-5, Mississippi Code of 1972, is 2618
brought forward as follows: 2619
37-61-5. If in any year there should remain a balance in the 2620
total funding formula funds of any school district on June 30 2621
which amount is not to be used or is not needed in the payment of 2622
expenses for the preceding fiscal year properly payable out of 2623
such total funding formula funds, then such balance on hand to the 2624
credit of such funds of the school district shall be carried 2625
forward as a part of such total funding formula funds for the next 2626
succeeding fiscal year. The proper pro rata part of the amount so 2627
carried forward, to be determined by the percentage which the 2628
state total funding formula funds during the year bore to the 2629
entire amount of the school district's total funding formula 2630
funds, shall be charged against and deducted from the amount which 2631
the school district is allotted from state total funding formula 2632
funds for the succeeding fiscal year, in a manner prescribed by 2633
the State Auditor. The remainder of the amount so carried forward 2634
may be deducted from the amount which the school district is 2635
required to produce as its local minimum ad valorem tax effort for 2636
the support of the total funding formula for the succeeding fiscal 2637
year. 2638
SECTION 25. Section 37-61-7, Mississippi Code of 1972, is 2639
brought forward as follows: 2640
37-61-7. If at the end of any fiscal year there should 2641
remain a balance in the school district fund of any school 2642
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district which is not needed and is not to be used for paying the 2643
expenses properly payable out of such district fund for the 2644
preceding fiscal year, such balance shall be carried forward as a 2645
part of the school district fund for the next fiscal year and used 2646
and expended in the manner otherwise provided by law. Nothing in 2647
this section shall be construed as applying to balances of total 2648
funding formula funds of a school district, and balances remaining 2649
in such funds shall be governed by Section 37-61-5. 2650
SECTION 26. Section 37-61-35, Mississippi Code of 1972, is 2651
brought forward as follows: 2652
37-61-35. There is hereby created a special fund in the 2653
State Treasury to be designated School Ad Valorem Tax Reduction 2654
Fund into which proceeds collected pursuant to Sections 2655
27-65-75(7) and 27-67-31(a) shall be deposited. Beginning with 2656
the 1994 state fiscal year, the entire amount of monies in such 2657
special fund shall be appropriated annually to the State 2658
Department of Education which shall distribute the appropriated 2659
amount to the various school districts in the proportion that the 2660
net enrollment of each school district bears to the net enrollment 2661
of all school districts within the state. On or before June 1 of 2662
each year, the State Department of Education shall notify each 2663
school district of the amount to which such district is entitled 2664
pursuant to this section. 2665
SECTION 27. Section 37-61-37, Mississippi Code of 1972, is 2666
brought forward as follows: 2667
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37-61-37. There is established in the State Treasury a fund 2668
known as the "Mississippi Public Education Support Fund" 2669
(hereinafter referred to as "fund"). The fund shall consist of 2670
monies as the Legislature may authorize or direct to be deposited 2671
into the fund. Monies in the fund, upon appropriation by the 2672
Legislature, may be expended by the State Department of Education 2673
for classroom supplies, instructional materials and equipment, 2674
including computers and computer software, to be distributed to 2675
all school districts in the proportion that the net enrollment of 2676
each school district bears to the net enrollment of all school 2677
districts within the state. Unexpended amounts remaining in the 2678
fund at the end of the fiscal year shall not lapse into the State 2679
General Fund, and any interest earned or investment earnings on 2680
amounts in the fund shall be deposited to the credit of the fund. 2681
SECTION 28. Section 37-151-81, Mississippi Code of 1972, is 2682
brought forward as follows: 2683
37-151-81. (1) For each student with a disability who is 2684
being educated by a public school district or is placed in accord 2685
with Section 37-23-77, and whose individualized educational 2686
program (IEP) requires an extended school year in accord with the 2687
State Department of Education criteria, a sufficient amount of 2688
funds shall be allocated for the purpose of providing the 2689
educational services the student requires. The State Board of 2690
Education shall promulgate such regulations as are required to 2691
ensure the equitable distribution of these funds. All costs for 2692
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the extended school year for a particular summer shall be 2693
reimbursed from funds appropriated for the fiscal year beginning 2694
July 1 of that summer. If sufficient funds are not made available 2695
to finance all of the required educational services, the State 2696
Department of Education shall expend available funds in such a 2697
manner that it does not limit the availability of appropriate 2698
education to students with disabilities more severely than it does 2699
to students without disabilities. 2700
(2) The State Department of Education is hereby authorized 2701
to match the total funding formula funds provided in Sections 2702
37-151-200 through 37-151-215 and other funds allocated for 2703
provision of services to students with disabilities with Division 2704
of Medicaid funds to provide language-speech services, physical 2705
therapy and occupational therapy to students with disabilities who 2706
meet State Department of Education or Division of Medicaid 2707
standards and who are Medicaid eligible. Provided further, that 2708
the State Department of Education is authorized to pay such funds 2709
as may be required as a match directly to the Division of Medicaid 2710
pursuant to an agreement to be developed between the State 2711
Department of Education and the Division of Medicaid. 2712
(3) When any children who are residents of the State of 2713
Mississippi and qualify under the provisions of Section 37-23-31 2714
shall be provided a program of education, instruction and training 2715
within a school under the provisions of said section, the State 2716
Department of Education shall allocate funds equivalent to the 2717
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full base student cost and all qualifying weighted adjustments as 2718
prescribed in Section 37-151-205. The university or college shall 2719
be eligible for state and federal funds for such programs on the 2720
same basis as local school districts. The university or college 2721
shall be responsible for providing for the additional costs of the 2722
program. 2723
(4) A school district may provide a program of education and 2724
instruction to children ages five (5) years through twenty-one 2725
(21) years, who are resident citizens of the State of Mississippi, 2726
who cannot have their educational needs met in a regular public 2727
school program and who have not finished or graduated from high 2728
school, if those children are determined by competent medical 2729
authorities and psychologists to need placement in a state 2730
licensed facility for inpatient treatment, day treatment or 2731
residential treatment or a therapeutic group home. Such program 2732
shall operate under rules, regulations, policies and standards of 2733
school districts as determined by the State Board of Education. 2734
If a private school approved by the State Board of Education is 2735
operated as an integral part of the state licensed facility that 2736
provides for the treatment of such children, the private school 2737
within the facility may provide a program of education, 2738
instruction and training to such children by requesting the State 2739
Department of Education to allocate funds equivalent to the full 2740
base student cost and all qualifying weighted adjustments as 2741
prescribed in Section 37-151-205 for each student placed in such 2742
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facility for each approved class. The facility shall be 2743
responsible for providing any additional costs of the program. 2744
SECTION 29. Section 37-151-85, Mississippi Code of 1972, is 2745
brought forward as follows: 2746
37-151-85. (1) Using those funds appropriated by the 2747
Legislature for transportation purposes, the amount to be allotted 2748
by the State Board of Education for transportation shall be 2749
determined as follows: 2750
The State Department of Education shall calculate the cost of 2751
transportation in school districts by ascertaining the average 2752
cost per pupil in net enrollment of transported pupils in school 2753
districts classified in different density groups, as determined by 2754
the State Department of Education. Based on these calculations, 2755
the State Department of Education shall develop a scale for 2756
determining the allowable cost per pupil in different density 2757
groups, which scale shall provide greatest allowance per pupil 2758
transported in school districts with lowest densities and smallest 2759
allowance per pupil in school districts with highest densities. 2760
The total allowance under this section for transported children 2761
for any school district for the current year shall be the net 2762
enrollment of the transported children for months two (2) and 2763
three (3) of the prior year, multiplied by the allowance per 2764
transported pupil as provided herein. However, the State 2765
Department of Education is authorized and empowered to make proper 2766
adjustments in allotments, under rules and regulations of the 2767
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State Board of Education, in cases where major changes in the 2768
number of children in net enrollment transported occur from one 2769
(1) year to another as a result of changes or alterations in the 2770
boundaries of school districts, a change in or relocation of 2771
attendance centers, or for other reasons which would result in 2772
major decrease or increase in the number of children in net 2773
enrollment transported during the current school year as compared 2774
with the preceding year. Moreover, the State Board of Education 2775
is hereby authorized and empowered to make such payments to all 2776
districts and/or university-based programs as deemed necessary in 2777
connection with transporting exceptional children as defined in 2778
Section 37-23-3. The State Board of Education shall establish and 2779
implement all necessary rules and regulations to allot 2780
transportation payments to university-based programs. In 2781
developing density classifications under the provisions hereof, 2782
the State Department of Education may give consideration to the 2783
length of the route, the sparsity of the population, the lack of 2784
adequate roads, highways and bridges, and the presence of large 2785
streams or other geographic obstacles. In addition to funds 2786
allotted under the above provisions, funds shall be allotted to 2787
each school district that transports students from their assigned 2788
school or attendance center to classes in an approved 2789
vocational-technical center at a rate per mile not to exceed the 2790
average statewide cost per mile of school bus transportation 2791
during the preceding year exclusive of bus replacement. All such 2792
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transportation must have prior approval by the State Department of 2793
Education. 2794
(2) The net enrollment of transported children shall be 2795
reported by the school district in which such children attend 2796
school. If children living in a school district are transported 2797
at the expense of such school district to another school district, 2798
the net enrollment of such transported children shall be deducted 2799
by the State Department of Education from the aggregate net 2800
enrollment of transported children in the school district in which 2801
they attend school and shall be added to the aggregate net 2802
enrollment of transported children of the school district from 2803
which they come for the purpose of calculating transportation 2804
allotments. However, such deduction shall not be made for the 2805
purpose of calculating total funding formula funding. 2806
(3) The State Department of Education shall include in the 2807
allowance for transportation for each school district an amount 2808
for the replacement of school buses or the purchase of new buses, 2809
which amount shall be calculated upon the estimated useful life of 2810
all school buses being used for the transportation of children in 2811
such school district, whether such buses be publicly or privately 2812
owned. 2813
(4) The school boards of all districts operating school bus 2814
transportation are authorized and directed to establish a salary 2815
schedule for school bus drivers. No school district shall be 2816
entitled to receive the funds herein allotted for transportation 2817
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unless it pays each of its nonstudent adult school bus drivers 2818
paid from such transportation allotments a minimum of One Hundred 2819
Ninety Dollars ($190.00) per month. In addition, local school 2820
boards may compensate school bus drivers, to include temporary or 2821
substitute bus drivers, for actual expenses incurred when 2822
acquiring an initial commercial license or any renewal of a 2823
commercial license in order to drive a school bus. In addition, 2824
local school boards may compensate school bus drivers, to include 2825
temporary or substitute bus drivers, for expenses, not to exceed 2826
One Hundred Dollars ($100.00), when acquiring an initial medical 2827
exam or any renewal of a medical exam, in order to qualify for a 2828
commercial driver's license. 2829
(5) The State Board of Education shall be authorized and 2830
empowered to use such part of the funds appropriated for 2831
transportation as may be necessary to finance driver training 2832
courses as provided for in Section 37-41-1. 2833
(6) The State Board of Education, acting through the 2834
Department of Education, may compensate school bus drivers, to 2835
include temporary or substitute bus drivers, who are providing 2836
driving services to the various state operated schools, such as 2837
the Mississippi School for the Deaf, the Mississippi School for 2838
the Blind, the Mississippi School of the Arts, the Mississippi 2839
School for Math and Science and any other similar state operated 2840
schools, for actual expenses incurred when acquiring an initial 2841
commercial license or any renewal of a commercial license in order 2842
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to drive a school bus, to include the expense, not to exceed One 2843
Hundred Dollars ($100.00), of acquiring an initial medical exam or 2844
any renewal of a medical exam in order to qualify for a commercial 2845
driver's license. 2846
SECTION 30. Section 37-151-95, Mississippi Code of 1972, is 2847
brought forward as follows: 2848
37-151-95. Total funding formula funds shall cover one 2849
hundred percent (100%) of the cost of the State and School 2850
Employees' Life and Health Insurance Plan created under Article 7, 2851
Chapter 15, Title 25, Mississippi Code of 1972, for all district 2852
employees who work no less than twenty (20) hours during each week 2853
and regular nonstudent school bus drivers employed by the 2854
district. 2855
Where the use of federal funding is allowable to defray, in 2856
full or in part, the cost of participation in the insurance plan 2857
by district employees who work no less than twenty (20) hours 2858
during each week and regular nonstudent school bus drivers, whose 2859
salaries are paid, in full or in part, by federal funds, the use 2860
of total funding formula funds as required under this section 2861
shall be reduced to the extent of the federal funding. Where the 2862
use of federal funds is allowable but not available, it is the 2863
intent of the Legislature that school districts contribute the 2864
cost of participation for such employees from local funds, except 2865
that parent fees for child nutrition programs shall not be 2866
increased to cover such cost. 2867
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The State Department of Education, in accordance with rules 2868
and regulations established by the State Board of Education, may 2869
withhold a school district's total funding formula funds for 2870
failure of the district to timely report student, fiscal and 2871
personnel data necessary to meet state and/or federal 2872
requirements. The rules and regulations promulgated by the State 2873
Board of Education shall require the withholding of total funding 2874
formula funds for those districts that fail to remit premiums, 2875
interest penalties and/or late charges under the State and School 2876
Employees' Life and Health Insurance Plan. Noncompliance with 2877
such rules and regulations shall result in a violation of 2878
compulsory accreditation standards as established by the State 2879
Board of Education and Commission on School Accreditation. 2880
SECTION 31. Section 37-151-97, Mississippi Code of 1972, is 2881
brought forward as follows: 2882
37-151-97. The State Department of Education shall develop 2883
an annual reporting process to inform the Legislature, local 2884
district personnel and the general public as to the ongoing and 2885
future plans for the state's educational programs. The annual 2886
reporting process will include those vital statistics that are 2887
commonly reported by schools and districts and that can provide 2888
clear demographic, strategic and educational information to 2889
constituencies such as, but not limited to, the following 2890
information: 2891
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(a) Student enrollment and attendance reported in the 2892
aggregate and specifically for each student population that is 2893
subject to weighting under Sections 37-151-200 through 37-151-215, 2894
and drop-out and graduation data; 2895
(b) Overall student and district achievement; 2896
(c) Budget, administrative costs and other pertinent 2897
fiscal information, including: 2898
(i) The receipts and disbursements of all school 2899
funds handled by the board; 2900
(ii) Reports of expenditures for public schools, 2901
which, upon request must be made available on an individual 2902
district basis by the State Department of Education; 2903
1. Total Student Expenditures: 2904
a. Instruction (1000s); 2905
b. Other Student Instructional 2906
Expenditures (2100s, 2200s); 2907
2. General Administration (2300s and 2500s); 2908
3. School Administration (2400s); 2909
4. Other Expenditures (2600s, 2700s, 2800s, 2910
3100s, 3200s); and 2911
5. Nonoperational Expenditures (4000s, 5000s, 2912
6000s); 2913
(iii) The number of school districts, school 2914
teachers employed, school administrators employed, pupils taught 2915
and the attendance record of pupils therein; 2916
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(iv) County and district levies for each school 2917
district and agricultural high school; 2918
(v) The condition of vocational education, a list 2919
of schools to which federal and state aid has been given, and a 2920
detailed statement of the expenditures of federal funds and the 2921
state funds that may be provided, and the ranking of subjects 2922
taught as compared with the state's needs. 2923
(d) Other as directed by the State Board of Education. 2924
Further, the reporting process will include an annual report 2925
developed specifically to relate the mission and goals of the 2926
State Board of Education, state superintendent and departments. 2927
This document will become the method through which the strategic 2928
planning and management process of the department is articulated 2929
to the public. It will explain and inform the public of the major 2930
initiatives of the department and clearly identify rationale for 2931
program development and/or elimination. The report will establish 2932
benchmarks, future plans and discuss the effectiveness of 2933
educational programs. 2934
In addition to the information specified herein, the State 2935
Board of Education shall have full and plenary authority and power 2936
to require the furnishing of such further, additional and 2937
supplementary information as it may deem necessary for the purpose 2938
of determining the cost of the total funding formula in such 2939
school district for the succeeding fiscal year, the amount of the 2940
total funding formula funds to be allotted to each school district 2941
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for the succeeding fiscal year, and for any other purpose 2942
authorized by law or deemed necessary by said State Board of 2943
Education. 2944
It shall be the duty of the State Department of Education to 2945
prescribe the forms for the reports provided for in this section. 2946
SECTION 32. Section 41-79-5, Mississippi Code of 1972, is 2947
brought forward as follows: 2948
41-79-5. (1) There is hereby established within the State 2949
Department of Health a school nurse intervention program, 2950
available to all public school districts in the state. 2951
(2) By the school year 1998-1999, each public school 2952
district shall have employed a school nurse, to be known as a 2953
Health Service Coordinator, pursuant to the school nurse 2954
intervention program prescribed under this section. The school 2955
nurse intervention program shall offer any of the following 2956
specific preventive services, and other additional services 2957
appropriate to each grade level and the age and maturity of the 2958
pupils: 2959
(a) Reproductive health education and referral to 2960
prevent teen pregnancy and sexually transmitted diseases, which 2961
education shall include abstinence; 2962
(b) Child abuse and neglect identification; 2963
(c) Hearing and vision screening to detect problems 2964
which can lead to serious sensory losses and behavioral and 2965
academic problems; 2966
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(d) Alcohol, tobacco and drug abuse education to reduce 2967
abuse of these substances; 2968
(e) Scoliosis screening to detect this condition so 2969
that costly and painful surgery and lifelong disability can be 2970
prevented; 2971
(f) Coordination of services for handicapped children 2972
to ensure that these children receive appropriate medical 2973
assistance and are able to remain in public school; 2974
(g) Nutrition education and counseling to prevent 2975
obesity and/or other eating disorders which may lead to 2976
life-threatening conditions, for example, hypertension; 2977
(h) Early detection and treatment of head lice to 2978
prevent the spread of the parasite and to reduce absenteeism; 2979
(i) Emergency treatment of injury and illness to 2980
include controlling bleeding, managing fractures, bruises or 2981
contusions and cardiopulmonary resuscitation (CPR); 2982
(j) Applying appropriate theory as the basis for 2983
decision making in nursing practice; 2984
(k) Establishing and maintaining a comprehensive school 2985
health program; 2986
(l) Developing individualized health plans; 2987
(m) Assessing, planning, implementing and evaluating 2988
programs and other school health activities, in collaboration with 2989
other professionals; 2990
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(n) Providing health education to assist students, 2991
families and groups to achieve optimal levels of wellness; 2992
(o) Participating in peer review and other means of 2993
evaluation to assure quality of nursing care provided for students 2994
and assuming responsibility for continuing education and 2995
professional development for self while contributing to the 2996
professional growth of others; 2997
(p) Participating with other key members of the 2998
community responsible for assessing, planning, implementing and 2999
evaluating school health services and community services that 3000
include the broad continuum or promotion of primary, secondary and 3001
tertiary prevention; and 3002
(q) Contributing to nursing and school health through 3003
innovations in theory and practice and participation in research. 3004
(3) Public school nurses shall be specifically prohibited 3005
from providing abortion counseling to any student or referring any 3006
student to abortion counseling or abortion clinics. Any violation 3007
of this subsection shall disqualify the school district employing 3008
such public school nurse from receiving any state administered 3009
funds under this section. 3010
(4) [Repealed]. 3011
(5) Beginning with the 1997-1998 school year, to the extent 3012
that federal or state funds are available therefor and pursuant to 3013
appropriation therefor by the Legislature, in addition to the 3014
school nurse intervention program funds administered under 3015
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subsection (4), the State Department of Health shall establish and 3016
implement a Prevention of Teen Pregnancy Pilot Program to be 3017
located in the public school districts with the highest numbers of 3018
teen pregnancies. The Teen Pregnancy Pilot Program shall provide 3019
the following education services directly through public school 3020
nurses in the pilot school districts: health education sessions 3021
in local schools, where contracted for or invited to provide, 3022
which target issues including reproductive health, teen pregnancy 3023
prevention and sexually transmitted diseases, including syphilis, 3024
HIV and AIDS. When these services are provided by a school nurse, 3025
training and counseling on abstinence shall be included. 3026
(6) In addition to the school nurse intervention program 3027
funds administered under subsection (4) and the Teen Pregnancy 3028
Pilot Program funds administered under subsection (5), to the 3029
extent that federal or state funds are available therefor and 3030
pursuant to appropriation therefor by the Legislature, the State 3031
Department of Health shall establish and implement an Abstinence 3032
Education Pilot Program to provide abstinence education, 3033
mentoring, counseling and adult supervision to promote abstinence 3034
from sexual activity, with a focus on those groups which are most 3035
likely to bear children out of wedlock. Such abstinence education 3036
services shall be provided by the State Department of Health 3037
through its clinics, public health nurses, school nurses and 3038
through contracts with rural and community health centers in order 3039
to reach a larger number of targeted clients. For purposes of 3040
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this subsection, the term "abstinence education" means an 3041
educational or motivational program which: 3042
(a) Has as its exclusive purpose, teaching the social, 3043
psychological and health gains to be realized by abstaining from 3044
sexual activity; 3045
(b) Teaches abstinence from sexual activity outside 3046
marriage as the expected standard for all school-age children; 3047
(c) Teaches that abstinence from sexual activity is the 3048
only certain way to avoid out-of-wedlock pregnancy, sexually 3049
transmitted diseases and other associated health problems; 3050
(d) Teaches that a mutually faithful monogamous 3051
relationship in context of marriage is the expected standard of 3052
human sexual activity; 3053
(e) Teaches that sexual activity outside of the context 3054
of marriage is likely to have harmful psychological and physical 3055
effects; 3056
(f) Teaches that bearing children out of wedlock is 3057
likely to have harmful consequences for the child, the child's 3058
parents and society; 3059
(g) Teaches young people how to reject sexual advances 3060
and how alcohol and drug use increase vulnerability to sexual 3061
advances; and 3062
(h) Teaches the importance of attaining 3063
self-sufficiency before engaging in sexual activity. 3064
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(7) Pursuant to appropriation therefor by the Legislature, 3065
in addition to funds allotted under the total funding formula 3066
provided in Sections 37-151-200 through 37-151-215, each school 3067
district shall be allotted an amount for the purpose of employing 3068
qualified public school nurses in such school district, which in 3069
no event shall be less than one (1) nurse per school district, for 3070
such purpose. In the event the Legislature provides less funds 3071
than the total state funds needed for the public school nurse 3072
allotment, those school districts with fewer nurses per the number 3073
of students in net enrollment shall be the first funded for such 3074
purpose, to the extent of funds available. 3075
(8) Prior to the 1998-1999 school year, nursing staff 3076
assigned to the program shall be employed through the local county 3077
health department and shall be subject to the supervision of the 3078
State Department of Health with input from local school officials. 3079
Local county health departments may contract with any 3080
comprehensive private primary health care facilities within their 3081
county to employ and utilize additional nursing staff. Beginning 3082
with the 1998-1999 school year, nursing staff assigned to the 3083
program shall be employed by the local school district and shall 3084
be designated as "health service coordinators," and shall be 3085
required to possess a bachelor's degree in nursing as a minimum 3086
qualification. 3087
(9) Upon each student's enrollment, the parent or guardian 3088
shall be provided with information regarding the scope of the 3089
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school nurse intervention program. The parent or guardian may 3090
provide the school administration with a written statement 3091
refusing all or any part of the nursing service. No child shall 3092
be required to undergo hearing and vision or scoliosis screening 3093
or any other physical examination or tests whose parent objects 3094
thereto on the grounds such screening, physical examination or 3095
tests are contrary to his sincerely held religious beliefs. 3096
(10) A consent form for reproductive health education shall 3097
be sent to the parent or guardian of each student upon his 3098
enrollment. If a response from the parent or guardian is not 3099
received within seven (7) days after the consent form is sent, the 3100
school shall send a letter to the student's home notifying the 3101
parent or guardian of the consent form. If the parent or guardian 3102
fails to respond to the letter within ten (10) days after it is 3103
sent, then the school principal shall be authorized to allow the 3104
student to receive reproductive health education. Reproductive 3105
health education shall include the teaching of total abstinence 3106
from premarital sex and, wherever practicable, reproductive health 3107
education should be taught in classes divided according to gender. 3108
All materials used in the reproductive health education program 3109
shall be placed in a convenient and easily accessible location for 3110
parental inspection. School nurses shall not dispense birth 3111
control pills or contraceptive devices in the school. Dispensing 3112
of such shall be the responsibility of the State Department of 3113
Health on a referral basis only. 3114
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(11) No provision of this section shall be construed as 3115
prohibiting local school districts from accepting financial 3116
assistance of any type from the State of Mississippi or any other 3117
governmental entity, or any contribution, donation, gift, decree 3118
or bequest from any source which may be utilized for the 3119
maintenance or implementation of a school nurse intervention 3120
program in a public school system of this state. 3121
SECTION 33. Section 43-17-5, Mississippi Code of 1972, is 3122
brought forward as follows: 3123
43-17-5. (1) The amount of Temporary Assistance for Needy 3124
Families (TANF) benefits which may be granted for any dependent 3125
child and a needy caretaker relative shall be determined by the 3126
county department with due regard to the resources and necessary 3127
expenditures of the family and the conditions existing in each 3128
case, and in accordance with the rules and regulations made by the 3129
Department of Human Services which shall not be less than the 3130
Standard of Need in effect for 1988, and shall be sufficient when 3131
added to all other income (except that any income specified in the 3132
federal Social Security Act, as amended, may be disregarded) and 3133
support available to the child to provide such child with a 3134
reasonable subsistence compatible with decency and health. The 3135
first family member in the dependent child's budget may receive an 3136
amount not to exceed Two Hundred Dollars ($200.00) per month; the 3137
second family member in the dependent child's budget may receive 3138
an amount not to exceed Thirty-six Dollars ($36.00) per month; and 3139
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each additional family member in the dependent child's budget an 3140
amount not to exceed Twenty-four Dollars ($24.00) per month. The 3141
maximum for any individual family member in the dependent child's 3142
budget may be exceeded for foster or medical care or in cases of 3143
children with an intellectual disability or a physical disability. 3144
TANF benefits granted shall be specifically limited only (a) to 3145
children existing or conceived at the time the caretaker relative 3146
initially applies and qualifies for such assistance, unless this 3147
limitation is specifically waived by the department, or (b) to a 3148
child born following a twelve-consecutive-month period of 3149
discontinued benefits by the caretaker relative. 3150
(2) TANF benefits in Mississippi shall be provided to the 3151
recipient family by an online electronic benefits transfer system. 3152
(3) The Department of Human Services shall deny TANF 3153
benefits to the following categories of individuals, except for 3154
individuals and families specifically exempt or excluded for good 3155
cause as allowed by federal statute or regulation: 3156
(a) Families without a minor child residing with the 3157
custodial parent or other adult caretaker relative of the child; 3158
(b) Families which include an adult who has received 3159
TANF assistance for sixty (60) months after the commencement of 3160
the Mississippi TANF program, whether or not such period of time 3161
is consecutive; 3162
(c) Families not assigning to the state any rights a 3163
family member may have, on behalf of the family member or of any 3164
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other person for whom the family member has applied for or is 3165
receiving such assistance, to support from any other person, as 3166
required by law; 3167
(d) Families who fail to cooperate in establishing 3168
paternity or obtaining child support, as required by law; 3169
(e) Any individual who has not attained eighteen (18) 3170
years of age, is not married to the head of household, has a minor 3171
child at least twelve (12) weeks of age in his or her care, and 3172
has not successfully completed a high school education or its 3173
equivalent, if such individual does not participate in educational 3174
activities directed toward the attainment of a high school diploma 3175
or its equivalent, or an alternative educational or training 3176
program approved by the department; 3177
(f) Any individual who has not attained eighteen (18) 3178
years of age, is not married, has a minor child in his or her 3179
care, and does not reside in a place or residence maintained by a 3180
parent, legal guardian or other adult relative or the individual 3181
as such parent's, guardian's or adult relative's own home; 3182
(g) Any minor child who has been, or is expected by a 3183
parent or other caretaker relative of the child to be, absent from 3184
the home for a period of more than thirty (30) days; 3185
(h) Any individual who is a parent or other caretaker 3186
relative of a minor child who fails to notify the department of 3187
the absence of the minor child from the home for the thirty-day 3188
period specified in paragraph (g), by the end of the five-day 3189
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period that begins with the date that it becomes clear to the 3190
individual that the minor child will be absent for the thirty-day 3191
period; 3192
(i) Any individual who fails to comply with the 3193
provisions of the Employability Development Plan signed by the 3194
individual which prescribe those activities designed to help the 3195
individual become and remain employed, or to participate 3196
satisfactorily in the assigned work activity, as authorized under 3197
subsection (6)(c) and (d), or who does not engage in applicant job 3198
search activities within the thirty-day period for TANF 3199
application approval after receiving the advice and consultation 3200
of eligibility workers and/or caseworkers of the department 3201
providing a detailed description of available job search venues in 3202
the individual's county of residence or the surrounding counties; 3203
(j) A parent or caretaker relative who has not engaged 3204
in an allowable work activity once the department determines the 3205
parent or caretaker relative is ready to engage in work, or once 3206
the parent or caretaker relative has received TANF assistance 3207
under the program for twenty-four (24) months, whether or not 3208
consecutive, whichever is earlier; 3209
(k) Any individual who is fleeing to avoid prosecution, 3210
or custody or confinement after conviction, under the laws of the 3211
jurisdiction from which the individual flees, for a crime, or an 3212
attempt to commit a crime, which is a felony under the laws of the 3213
place from which the individual flees, or who is violating a 3214
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condition of probation or parole imposed under federal or state 3215
law; 3216
(l) Aliens who are not qualified under federal law; 3217
(m) For a period of ten (10) years following 3218
conviction, individuals convicted in federal or state court of 3219
having made a fraudulent statement or representation with respect 3220
to the individual's place of residence in order to receive TANF, 3221
food stamps or Supplemental Security Income (SSI) assistance under 3222
Title XVI or Title XIX simultaneously from two (2) or more states; 3223
(n) Individuals who are recipients of federal 3224
Supplemental Security Income (SSI) assistance; and 3225
(o) Individuals who are eighteen (18) years of age or 3226
older who are not in compliance with the drug testing and 3227
substance use disorder treatment requirements of Section 43-17-6. 3228
(4) (a) Any person who is otherwise eligible for TANF 3229
benefits, including custodial and noncustodial parents, shall be 3230
required to attend school and meet the monthly attendance 3231
requirement as provided in this subsection if all of the following 3232
apply: 3233
(i) The person is under age twenty (20); 3234
(ii) The person has not graduated from a public or 3235
private high school or obtained a High School Equivalency Diploma 3236
equivalent; 3237
(iii) The person is physically able to attend 3238
school and is not excused from attending school; and 3239
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(iv) If the person is a parent or caretaker 3240
relative with whom a dependent child is living, child care is 3241
available for the child. 3242
The monthly attendance requirement under this subsection 3243
shall be attendance at the school in which the person is enrolled 3244
for each day during a month that the school conducts classes in 3245
which the person is enrolled, with not more than two (2) absences 3246
during the month for reasons other than the reasons listed in 3247
paragraph (e)(iv) of this subsection. Persons who fail to meet 3248
participation requirements in this subsection shall be subject to 3249
sanctions as provided in paragraph (f) of this subsection. 3250
(b) As used in this subsection, "school" means any one 3251
(1) of the following: 3252
(i) A school as defined in Section 37-13-91(2); 3253
(ii) A vocational, technical and adult education 3254
program; or 3255
(iii) A course of study meeting the standards 3256
established by the State Department of Education for the granting 3257
of a declaration of equivalency of high school graduation. 3258
(c) If any compulsory-school-age child, as defined in 3259
Section 37-13-91(2), to which TANF eligibility requirements apply 3260
is not in compliance with the compulsory school attendance 3261
requirements of Section 37-13-91(6), the superintendent of schools 3262
of the school district in which the child is enrolled or eligible 3263
to attend shall notify the county department of human services of 3264
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the child's noncompliance. The Department of Human Services shall 3265
review school attendance information as provided under this 3266
paragraph at all initial eligibility determinations and upon 3267
subsequent report of unsatisfactory attendance. 3268
(d) The signature of a person on an application for 3269
TANF benefits constitutes permission for the release of school 3270
attendance records for that person or for any child residing with 3271
that person. The department shall request information from the 3272
child's school district about the child's attendance in the school 3273
district's most recently completed semester of attendance. If 3274
information about the child's previous school attendance is not 3275
available or cannot be verified, the department shall require the 3276
child to meet the monthly attendance requirement for one (1) 3277
semester or until the information is obtained. The department 3278
shall use the attendance information provided by a school district 3279
to verify attendance for a child. The department shall review 3280
with the parent or caretaker relative a child's claim that he or 3281
she has a good cause for not attending school. 3282
A school district shall provide information to the department 3283
about the attendance of a child who is enrolled in a public school 3284
in the district within five (5) working days of the receipt of a 3285
written request for that information from the department. The 3286
school district shall define how many hours of attendance count as 3287
a full day and shall provide that information, upon request, to 3288
the department. In reporting attendance, the school district may 3289
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add partial days' absence together to constitute a full day's 3290
absence. 3291
If a school district fails to provide to the department the 3292
information about the school attendance of any child within 3293
fifteen (15) working days after a written request, the department 3294
shall notify the Department of Audit within three (3) working days 3295
of the school district's failure to comply with that requirement. 3296
The Department of Audit shall begin audit proceedings within five 3297
(5) working days of notification by the Department of Human 3298
Services to determine the school district's compliance with the 3299
requirements of this subsection (4). If the Department of Audit 3300
finds that the school district is not in compliance with the 3301
requirements of this subsection, the school district shall be 3302
penalized as follows: The Department of Audit shall notify the 3303
State Department of Education of the school district's 3304
noncompliance, and the Department of Education shall reduce the 3305
calculation of the school district's net enrollment that is used 3306
to determine the allocation of total funding formula funds by the 3307
number of children for which the district has failed to provide to 3308
the Department of Human Services the required information about 3309
the school attendance of those children. The reduction in the 3310
calculation of the school district's net enrollment under this 3311
paragraph shall be effective for a period of one (1) year. 3312
(e) A child who is required to attend school to meet 3313
the requirements under this subsection shall comply except when 3314
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there is good cause, which shall be demonstrated by any of the 3315
following circumstances: 3316
(i) The minor parent is the caretaker of a child 3317
less than twelve (12) weeks old; or 3318
(ii) The department determines that child care 3319
services are necessary for the minor parent to attend school and 3320
there is no child care available; or 3321
(iii) The child is prohibited by the school 3322
district from attending school and an expulsion is pending. This 3323
exemption no longer applies once the teenager has been expelled; 3324
however, a teenager who has been expelled and is making 3325
satisfactory progress towards obtaining a High School Equivalency 3326
Diploma equivalent shall be eligible for TANF benefits; or 3327
(iv) The child failed to attend school for one or 3328
more of the following reasons: 3329
1. Illness, injury or incapacity of the child 3330
or the minor parent's child; 3331
2. Court-required appearances or temporary 3332
incarceration; 3333
3. Medical or dental appointments for the 3334
child or minor parent's child; 3335
4. Death of a close relative; 3336
5. Observance of a religious holiday; 3337
6. Family emergency; 3338
7. Breakdown in transportation; 3339
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8. Suspension; or 3340
9. Any other circumstance beyond the control 3341
of the child, as defined in regulations of the department. 3342
(f) Upon determination that a child has failed without 3343
good cause to attend school as required, the department shall 3344
provide written notice to the parent or caretaker relative 3345
(whoever is the primary recipient of the TANF benefits) that 3346
specifies: 3347
(i) That the family will be sanctioned in the next 3348
possible payment month because the child who is required to attend 3349
school has failed to meet the attendance requirement of this 3350
subsection; 3351
(ii) The beginning date of the sanction, and the 3352
child to whom the sanction applies; 3353
(iii) The right of the child's parents or 3354
caretaker relative (whoever is the primary recipient of the TANF 3355
benefits) to request a fair hearing under this subsection. 3356
The child's parent or caretaker relative (whoever is the 3357
primary recipient of the TANF benefits) may request a fair hearing 3358
on the department's determination that the child has not been 3359
attending school. If the child's parents or caretaker relative 3360
does not request a fair hearing under this subsection, or if, 3361
after a fair hearing has been held, the hearing officer finds that 3362
the child without good cause has failed to meet the monthly 3363
attendance requirement, the department shall discontinue or deny 3364
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TANF benefits to the child thirteen (13) years old, or older, in 3365
the next possible payment month. The department shall discontinue 3366
or deny twenty-five percent (25%) of the family grant when a child 3367
six (6) through twelve (12) years of age without good cause has 3368
failed to meet the monthly attendance requirement. Both the child 3369
and family sanction may apply when children in both age groups 3370
fail to meet the attendance requirement without good cause. A 3371
sanction applied under this subsection shall be effective for one 3372
(1) month for each month that the child failed to meet the monthly 3373
attendance requirement. In the case of a dropout, the sanction 3374
shall remain in force until the parent or caretaker relative 3375
provides written proof from the school district that the child has 3376
reenrolled and met the monthly attendance requirement for one (1) 3377
calendar month. Any month in which school is in session for at 3378
least ten (10) days during the month may be used to meet the 3379
attendance requirement under this subsection. This includes 3380
attendance at summer school. The sanction shall be removed the 3381
next possible payment month. 3382
(5) All parents or caretaker relatives shall have their 3383
dependent children receive vaccinations and booster vaccinations 3384
against those diseases specified by the State Health Officer under 3385
Section 41-23-37 in accordance with the vaccination and booster 3386
vaccination schedule prescribed by the State Health Officer for 3387
children of that age, in order for the parents or caretaker 3388
relatives to be eligible or remain eligible to receive TANF 3389
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benefits. Proof of having received such vaccinations and booster 3390
vaccinations shall be given by presenting the certificates of 3391
vaccination issued by any health care provider licensed to 3392
administer vaccinations, and submitted on forms specified by the 3393
State Board of Health. If the parents without good cause do not 3394
have their dependent children receive the vaccinations and booster 3395
vaccinations as required by this subsection and they fail to 3396
comply after thirty (30) days' notice, the department shall 3397
sanction the family's TANF benefits by twenty-five percent (25%) 3398
for the next payment month and each subsequent payment month until 3399
the requirements of this subsection are met. 3400
(6) (a) If the parent or caretaker relative applying for 3401
TANF assistance is work eligible, as determined by the Department 3402
of Human Services, the person shall be required to engage in an 3403
allowable work activity once the department determines the parent 3404
or caretaker relative is determined work eligible, or once the 3405
parent or caretaker relative has received TANF assistance under 3406
the program for twenty-four (24) months, whether or not 3407
consecutive, whichever is earlier. No TANF benefits shall be 3408
given to any person to whom this section applies who fails without 3409
good cause to comply with the Employability Development Plan 3410
prepared by the department for the person, or who has refused to 3411
accept a referral or offer of employment, training or education in 3412
which he or she is able to engage, subject to the penalties 3413
prescribed in paragraph (e) of this subsection. A person shall be 3414
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deemed to have refused to accept a referral or offer of 3415
employment, training or education if he or she: 3416
(i) Willfully fails to report for an interview 3417
with respect to employment when requested to do so by the 3418
department; or 3419
(ii) Willfully fails to report to the department 3420
the result of a referral to employment; or 3421
(iii) Willfully fails to report for allowable work 3422
activities as prescribed in paragraphs (c) and (d) of this 3423
subsection. 3424
(b) The Department of Human Services shall operate a 3425
statewide work program for TANF recipients to provide work 3426
activities and supportive services to enable families to become 3427
self-sufficient and improve their competitive position in the 3428
workforce in accordance with the requirements of the federal 3429
Personal Responsibility and Work Opportunity Reconciliation Act of 3430
1996 (Public Law 104-193), as amended, and the regulations 3431
promulgated thereunder, and the Deficit Reduction Act of 2005 3432
(Public Law 109-171), as amended. Within sixty (60) days after 3433
the initial application for TANF benefits, the TANF recipient must 3434
participate in a job search skills training workshop or a job 3435
readiness program, which shall include resume writing, job search 3436
skills, employability skills and, if available at no charge, the 3437
General Aptitude Test Battery or its equivalent. All adults who 3438
are not specifically exempt shall be referred by the department 3439
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for allowable work activities. An adult may be exempt from the 3440
mandatory work activity requirement for the following reasons: 3441
(i) Incapacity; 3442
(ii) Temporary illness or injury, verified by 3443
physician's certificate; 3444
(iii) Is in the third trimester of pregnancy, and 3445
there are complications verified by the certificate of a 3446
physician, nurse practitioner, physician assistant, or any other 3447
licensed health care professional practicing under a protocol with 3448
a licensed physician; 3449
(iv) Caretaker of a child under twelve (12) 3450
months, for not more than twelve (12) months of the sixty-month 3451
maximum benefit period; 3452
(v) Caretaker of an ill or incapacitated person, 3453
as verified by physician's certificate; 3454
(vi) Age, if over sixty (60) or under eighteen 3455
(18) years of age; 3456
(vii) Receiving treatment for substance abuse, if 3457
the person is in compliance with the substance abuse treatment 3458
plan; 3459
(viii) In a two-parent family, the caretaker of a 3460
severely disabled child, as verified by a physician's certificate; 3461
or 3462
(ix) History of having been a victim of domestic 3463
violence, which has been reported as required by state law and is 3464
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substantiated by police reports or court records, and being at 3465
risk of further domestic violence, shall be exempt for a period as 3466
deemed necessary by the department but not to exceed a total of 3467
twelve (12) months, which need not be consecutive, in the 3468
sixty-month maximum benefit period. For the purposes of this 3469
subparagraph (ix), "domestic violence" means that an individual 3470
has been subjected to: 3471
1. Physical acts that resulted in, or 3472
threatened to result in, physical injury to the individual; 3473
2. Sexual abuse; 3474
3. Sexual activity involving a dependent 3475
child; 3476
4. Being forced as the caretaker relative of 3477
a dependent child to engage in nonconsensual sexual acts or 3478
activities; 3479
5. Threats of, or attempts at, physical or 3480
sexual abuse; 3481
6. Mental abuse; or 3482
7. Neglect or deprivation of medical care. 3483
(c) For all families, all adults who are not 3484
specifically exempt shall be required to participate in work 3485
activities for at least the minimum average number of hours per 3486
week specified by federal law or regulation, not fewer than twenty 3487
(20) hours per week (thirty-five (35) hours per week for 3488
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two-parent families) of which are attributable to the following 3489
allowable work activities: 3490
(i) Unsubsidized employment; 3491
(ii) Subsidized private employment; 3492
(iii) Subsidized public employment; 3493
(iv) Work experience (including work associated 3494
with the refurbishing of publicly assisted housing), if sufficient 3495
private employment is not available; 3496
(v) On-the-job training; 3497
(vi) Job search and job readiness assistance 3498
consistent with federal TANF regulations; 3499
(vii) Community service programs; 3500
(viii) Vocational educational training (not to 3501
exceed twelve (12) months with respect to any individual); 3502
(ix) The provision of child care services to an 3503
individual who is participating in a community service program; 3504
(x) Satisfactory attendance at high school or in a 3505
course of study leading to a high school equivalency certificate, 3506
for heads of household under age twenty (20) who have not 3507
completed high school or received such certificate; 3508
(xi) Education directly related to employment, for 3509
heads of household under age twenty (20) who have not completed 3510
high school or received such equivalency certificate. 3511
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(d) The following are allowable work activities which 3512
may be attributable to hours in excess of the minimum specified in 3513
paragraph (c) of this subsection: 3514
(i) Job skills training directly related to 3515
employment; 3516
(ii) Education directly related to employment for 3517
individuals who have not completed high school or received a high 3518
school equivalency certificate; 3519
(iii) Satisfactory attendance at high school or in 3520
a course of study leading to a high school equivalency, for 3521
individuals who have not completed high school or received such 3522
equivalency certificate; 3523
(iv) Job search and job readiness assistance 3524
consistent with federal TANF regulations. 3525
(e) If any adult or caretaker relative refuses to 3526
participate in allowable work activity as required under this 3527
subsection (6), the following full family TANF benefit penalty 3528
will apply, subject to due process to include notification, 3529
conciliation and a hearing if requested by the recipient: 3530
(i) For the first violation, the department shall 3531
terminate the TANF assistance otherwise payable to the family for 3532
a two-month period or until the person has complied with the 3533
required work activity, whichever is longer; 3534
(ii) For the second violation, the department 3535
shall terminate the TANF assistance otherwise payable to the 3536
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family for a six-month period or until the person has complied 3537
with the required work activity, whichever is longer; 3538
(iii) For the third violation, the department 3539
shall terminate the TANF assistance otherwise payable to the 3540
family for a twelve-month period or until the person has complied 3541
with the required work activity, whichever is longer; 3542
(iv) For the fourth violation, the person shall be 3543
permanently disqualified. 3544
For a two-parent family, unless prohibited by state or 3545
federal law, Medicaid assistance shall be terminated only for the 3546
person whose failure to participate in allowable work activity 3547
caused the family's TANF assistance to be sanctioned under this 3548
paragraph (e), unless an individual is pregnant, but shall not be 3549
terminated for any other person in the family who is meeting that 3550
person's applicable work requirement or who is not required to 3551
work. Minor children shall continue to be eligible for Medicaid 3552
benefits regardless of the disqualification of their parent or 3553
caretaker relative for TANF assistance under this subsection (6), 3554
unless prohibited by state or federal law. 3555
(f) Any person enrolled in a two-year or four-year 3556
college program who meets the eligibility requirements to receive 3557
TANF benefits, and who is meeting the applicable work requirements 3558
and all other applicable requirements of the TANF program, shall 3559
continue to be eligible for TANF benefits while enrolled in the 3560
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college program for as long as the person meets the requirements 3561
of the TANF program, unless prohibited by federal law. 3562
(g) No adult in a work activity required under this 3563
subsection (6) shall be employed or assigned (i) when any other 3564
individual is on layoff from the same or any substantially 3565
equivalent job within six (6) months before the date of the TANF 3566
recipient's employment or assignment; or (ii) if the employer has 3567
terminated the employment of any regular employee or otherwise 3568
caused an involuntary reduction of its workforce in order to fill 3569
the vacancy so created with an adult receiving TANF assistance. 3570
The Mississippi Department of Employment Security, established 3571
under Section 71-5-101, shall appoint one or more impartial 3572
hearing officers to hear and decide claims by employees of 3573
violations of this paragraph (g). The hearing officer shall hear 3574
all the evidence with respect to any claim made hereunder and such 3575
additional evidence as he may require and shall make a 3576
determination and the reason therefor. The claimant shall be 3577
promptly notified of the decision of the hearing officer and the 3578
reason therefor. Within ten (10) days after the decision of the 3579
hearing officer has become final, any party aggrieved thereby may 3580
secure judicial review thereof by commencing an action, in the 3581
circuit court of the county in which the claimant resides, against 3582
the department for the review of such decision, in which action 3583
any other party to the proceeding before the hearing officer shall 3584
be made a defendant. Any such appeal shall be on the record which 3585
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shall be certified to the court by the department in the manner 3586
provided in Section 71-5-531, and the jurisdiction of the court 3587
shall be confined to questions of law which shall render its 3588
decision as provided in that section. 3589
(7) The Department of Human Services may provide child care 3590
for eligible participants who require such care so that they may 3591
accept employment or remain employed. The department may also 3592
provide child care for those participating in the TANF program 3593
when it is determined that they are satisfactorily involved in 3594
education, training or other allowable work activities. The 3595
department may contract with Head Start agencies to provide child 3596
care services to TANF recipients. The department may also arrange 3597
for child care by use of contract or vouchers, provide vouchers in 3598
advance to a caretaker relative, reimburse a child care provider, 3599
or use any other arrangement deemed appropriate by the department, 3600
and may establish different reimbursement rates for child care 3601
services depending on the category of the facility or home. Any 3602
center-based or group home child care facility under this 3603
subsection shall be licensed by the State Department of Health 3604
pursuant to law. When child care is being provided in the child's 3605
own home, in the home of a relative of the child, or in any other 3606
unlicensed setting, the provision of such child care may be 3607
monitored on a random basis by the Department of Human Services or 3608
the State Department of Health. Transitional child care 3609
assistance may be continued if it is necessary for parents to 3610
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maintain employment once support has ended, unless prohibited 3611
under state or federal law. Transitional child care assistance 3612
may be provided for up to twenty-four (24) months after the last 3613
month during which the family was eligible for TANF assistance, if 3614
federal funds are available for such child care assistance. 3615
(8) The Department of Human Services may provide 3616
transportation or provide reasonable reimbursement for 3617
transportation expenses that are necessary for individuals to be 3618
able to participate in allowable work activity under the TANF 3619
program. 3620
(9) Medicaid assistance shall be provided to a family of 3621
TANF program participants for up to twenty-four (24) consecutive 3622
calendar months following the month in which the participating 3623
family would be ineligible for TANF benefits because of increased 3624
income, expiration of earned income disregards, or increased hours 3625
of employment of the caretaker relative; however, Medicaid 3626
assistance for more than twelve (12) months may be provided only 3627
if a federal waiver is obtained to provide such assistance for 3628
more than twelve (12) months and federal and state funds are 3629
available to provide such assistance. 3630
(10) The department shall require applicants for and 3631
recipients of public assistance from the department to sign a 3632
personal responsibility contract that will require the applicant 3633
or recipient to acknowledge his or her responsibilities to the 3634
state. 3635
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(11) The department shall enter into an agreement with the 3636
State Personnel Board and other state agencies that will allow 3637
those TANF participants who qualify for vacant jobs within state 3638
agencies to be placed in state jobs. State agencies participating 3639
in the TANF work program shall receive any and all benefits 3640
received by employers in the private sector for hiring TANF 3641
recipients. This subsection (11) shall be effective only if the 3642
state obtains any necessary federal waiver or approval and if 3643
federal funds are available therefor. Not later than September 1, 3644
2021, the department shall prepare a report, which shall be 3645
provided to the Chairmen of the House and Senate Public Health 3646
Committees and to any other member of the Legislature upon 3647
request, on the history, status, outcomes and effectiveness of the 3648
agreements required under this subsection. 3649
(12) Any unspent TANF funds remaining from the prior fiscal 3650
year may be expended for any TANF allowable activities. 3651
(13) The Mississippi Department of Human Services shall 3652
provide TANF applicants information and referral to programs that 3653
provide information about birth control, prenatal health care, 3654
abstinence education, marriage education, family preservation and 3655
fatherhood. Not later than September 1, 2021, the department 3656
shall prepare a report, which shall be provided to the Chairmen of 3657
the House and Senate Public Health Committees and to any other 3658
member of the Legislature upon request, on the history, status, 3659
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outcomes and effectiveness of the information and referral 3660
requirements under this subsection. 3661
(14) No new TANF program requirement or restriction 3662
affecting a person's eligibility for TANF assistance, or allowable 3663
work activity, which is not mandated by federal law or regulation 3664
may be implemented by the Department of Human Services after July 3665
1, 2004, unless such is specifically authorized by an amendment to 3666
this section by the Legislature. 3667
SECTION 34. Section 27-104-351, Mississippi Code of 1972, is 3668
brought forward as follows: 3669
27-104-351. (1) This section shall be known and may be 3670
cited as the "Line-Item Appropriation Transparency Act." 3671
(2) As used in this section, unless the context clearly 3672
indicates otherwise: 3673
(a) "Local government entity" means any county, 3674
municipality, school district, public hospital or other political 3675
subdivision of the state. 3676
(b) "Pass-through funding" means a line-item 3677
appropriation by the Legislature to a state agency that is 3678
itemized on a separate line in a state agency's appropriation bill 3679
and that is intended to be passed through the state agency to one 3680
or more: 3681
(i) Local government entities; 3682
(ii) Private organizations, including 3683
not-for-profit organizations; or 3684
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(iii) Persons in the form of a loan or grant. 3685
"Pass-through funding" may be general funds, dedicated credits, or 3686
any combination of state funding sources, and may be ongoing or 3687
one-time. 3688
(c) "Recipient entity" means a local government entity 3689
or private entity, including a nonprofit entity, that receives 3690
money by way of pass-through funding from a state agency. 3691
(d) "State agency" shall have the same meaning as 3692
provided in Section 27-103-103, and shall include any other 3693
subagency or board under the supervision of that state agency. 3694
(e) "State money" means funds in the State General Fund 3695
and all state-support special funds which are in the Budget 3696
Contingency Fund, Capital Expense Fund, Working-Cash Stabilization 3697
Reserve Fund, Education Enhancement Fund, Healthcare Expendable 3698
Fund, Tobacco Control Program Fund, BP Settlement Fund, Gulf Coast 3699
Restoration Fund and any other special funds that are determined 3700
by the Joint Legislative Budget Committee to be a state-support 3701
special fund. "State money" does not include contributions or 3702
donations received by a state agency. 3703
(f) "Department" means the Department of Finance and 3704
Administration. 3705
(3) A state agency may not provide a recipient entity state 3706
money from pass-through funding unless: 3707
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(a) The state agency enters into a written agreement 3708
with the recipient entity, which details the criteria and 3709
reporting requirements as provided in this section; and 3710
(b) The written agreement described in paragraph (a) of 3711
this subsection requires the recipient entity to provide to the 3712
state agency the following: 3713
(i) A written description and an itemized report 3714
detailing the expenditure of state money or the intended 3715
expenditure of any state money that has not been spent. Such 3716
report shall be submitted at least quarterly on dates determined 3717
by the department; and 3718
(ii) A final written itemized report when all the 3719
state money is spent. 3720
Disbursements shall only be made after the written agreement 3721
described in paragraph (a) of this subsection has been signed and 3722
shall be contingent upon the recipient entity complying with the 3723
quarterly reporting requirements required by paragraph (b) of this 3724
subsection. 3725
(4) On or before June 30 of each year or a date determined 3726
by the department, a state agency shall provide to the department 3727
a copy of the written agreements, written descriptions, and 3728
reports of itemized expenditures required under subsection (3) of 3729
this section. 3730
(5) The department is responsible for obtaining the written 3731
agreements, written descriptions, and itemized reports required by 3732
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subsection (3) of this section from state agencies. The 3733
department is further responsible for consolidating and presenting 3734
a report on the previous fiscal year's pass-through expenditures 3735
and providing it to the Joint Legislative Budget Committee by 3736
October 1 of each year. 3737
(6) The department shall create all of the following 3738
documents which shall be in such form and contain such information 3739
as the department prescribes: 3740
(a) Written agreement as described in subsection (3)(a) 3741
of this section; 3742
(b) Written description and itemized report as 3743
described in subsection (3)(b) of this section; and 3744
(c) Final itemized report as described in subsection 3745
(3)(b) of this section. 3746
A state agency shall utilize these documents when complying 3747
with the criteria set forth in this section. 3748
(7) Notwithstanding subsection (3) of this section, a state 3749
agency is not required to comply with this section to the extent 3750
that the pass-through funding is issued: 3751
(a) Under a competitive award process; 3752
(b) In accordance with a formula enacted in statute; 3753
(c) In accordance with a state program under parameters 3754
in statute or rule that guides the distribution of the 3755
pass-through funding; 3756
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(d) Under the authority of Sections 37-151-200 through 3757
37-151-215; or 3758
(e) In accordance with an appropriations act of the 3759
Legislature that specifically provides an exemption from the 3760
provisions of this section. 3761
(8) Unless a recipient entity is required to comply with 3762
Section 31-7-1 et seq. because it is an agency or public body, the 3763
fact that it is a recipient entity does not create such an 3764
obligation. 3765
SECTION 35. Section 25-11-126, Mississippi Code of 1972, is 3766
brought forward as follows: 3767
25-11-126. (1) Any person who has at least thirty (30) 3768
years of creditable service, who was employed as a public school 3769
teacher at the time of his or her retirement, has been retired at 3770
least ninety (90) days and is receiving a retirement allowance, 3771
and holds a standard teaching license in Mississippi, may be 3772
employed as a teacher in a public school district after 3773
retirement, and choose to continue receiving the retirement 3774
allowance under this article during his or her employment as a 3775
teacher after retirement in addition to receiving the salary 3776
authorized under this section, along with the local contribution 3777
of the school district in which the retiree is employed, at the 3778
discretion of the school district. Any teacher who has retired 3779
with at least twenty-five (25) years of creditable service as of 3780
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July 1, 2024, may also participate in this program if the teacher 3781
otherwise qualifies under this section. 3782
(2) A retired teacher may only be hired to teach in a school 3783
district designated by the Department of Education as having 3784
critical shortages and/or critical subject-area shortages, and 3785
shall hold the related standard teaching license and/or 3786
endorsements to teach in the subject area. The base compensation 3787
authorized for returning retired teachers under Section 37-19-7 3788
shall not be graduated annually in the same manner as teachers who 3789
are employed by a school district under traditional employment 3790
guidelines, but shall remain static for the entirety of his or her 3791
eligible teaching period as a retired teacher. 3792
(3) (a) A retired teacher may be employed as a teacher, 3793
continue receiving his or her retirement allowance and be a 3794
contributing member of the system without accruing additional 3795
retirement benefits for a total of five (5) years, which may be 3796
performed consecutively or intermittently. This method is 3797
designed specifically to provide funding for the system to 3798
actuarially offset any pension liability created by this section. 3799
Each school district hiring retired teachers under the authority 3800
of this section, shall make a direct payment to PERS, which shall 3801
serve as pension liability participation assessment. The pension 3802
liability participation assessment and the retired teacher's 3803
salary for returning to work shall be determined as follows: 3804
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(i) A school district shall rely on the salary 3805
schedule in Section 37-19-7 in considering the salary for a 3806
retired teacher; provided, however, that the school district may 3807
allocate up to one hundred and twenty-five percent (125%) of the 3808
amount provided under the salary schedule comparable to the 3809
teacher's years of service and license type as salary and 3810
assessment under the program. 3811
(ii) After determining the retired teacher's 3812
compensation, the school district may pay no more than fifty 3813
percent (50%) of the retired teacher's compensation as salary to 3814
the retired teacher; and 3815
(iii) The remaining fifty percent (50%) of the 3816
retired teacher's compensation as salary shall be paid by the 3817
school district to PERS as a pension liability participation 3818
assessment. 3819
(b) If a retired teacher, reemployed under the 3820
authority of this section, works in a school district for any 3821
portion of a scholastic year less than a full contractual term of 3822
traditional teachers, the time worked by the retired teacher shall 3823
constitute one (1) of the five (5) years of post retirement 3824
teaching eligibility. A retired teacher, under the authority of 3825
this section, shall be entitled to work in any applicable school 3826
district and shall not be obligated to remain in any one (1) 3827
school district for the entirety of his or her post retirement 3828
teaching eligibility, but shall be cumulative in nature so as not 3829
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to exceed five (5) years. The salary authorized under Section 3830
37-19-7 for retired teachers shall be prorated for any period 3831
worked by the retired teacher that is less than one (1) full 3832
academic year. 3833
(c) The State Department of Education shall transfer to 3834
the system the Mississippi Adequate Education Program funds of 3835
local school districts that on or after July 1, 2024, hire retired 3836
members as teachers under this section and other funds that 3837
otherwise would have been payable to the districts if the 3838
districts had not taken advantage of this section. The crediting 3839
of assets and financing shall follow the provisions of Section 3840
25-11-123. 3841
(d) Local educational agencies shall transfer to the 3842
system Mississippi Adequate Education Program funds of local 3843
school districts that on or after July 1, 2024, hire retired 3844
members as teachers under this section and other funds that 3845
otherwise would have been payable to the districts if the 3846
districts had not taken advantage of this section. The crediting 3847
of assets and financing must follow the provisions of Section 3848
25-11-123. 3849
(4) Under the authority of this section, school districts 3850
may employ retired teachers based on criteria established by the 3851
department of education for critical teacher shortage areas and 3852
critical subject-matter areas. A school district that is not 3853
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within a critical teacher shortage area may employ teachers for 3854
critical subject-matter areas. 3855
(5) A person may be hired under this section subject to the 3856
following conditions: 3857
(a) The retired member holds any teacher's professional 3858
license or certificate as may be required in Section 37-3-2, and 3859
holds the related standard teaching license and/or endorsements to 3860
teach in the applicable subject area; 3861
(b) The superintendent of the employing school district 3862
certifies in writing to the State Department of Education that the 3863
retired member has the requisite experience, training and 3864
expertise for the position to be filled; 3865
(c) The superintendent of the school district certifies 3866
or the principal of the school certifies that there was no 3867
preexisting arrangement for the person to be hired; 3868
(d) The person had a satisfactory performance review 3869
for the most recent period before retirement; and 3870
(e) The person is hired to teach in a critical 3871
subject-matter area or in a critical teacher shortage area. 3872
(6) The State Superintendent of Public Education shall 3873
report the persons who are employed under this section to the 3874
Executive Director of the Public Employees' Retirement System. 3875
(7) The department of education shall promulgate regulations 3876
that prescribe a salary schedule that reflects the provisions of 3877
this section. Each school district shall create a policy, 3878
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approved by the local school board, related to the hiring of 3879
retired teachers and including, but not limited to, the hiring of 3880
full- and part-time retired teacher employees under this section 3881
and Section 25-11-127. 3882
(8) Any retired teacher who returns to work in accordance 3883
with this section shall not be eligible to return to work under 3884
the provisions of Section 25-11-127. 3885
SECTION 36. Section 37-159-7, Mississippi Code of 1972, is 3886
brought forward as follows: 3887
37-159-7. The school board of any school district situated 3888
within a geographical area of the state where there exists a 3889
critical shortage of teachers, as designated by the State Board of 3890
Education, in its discretion, may reimburse persons who interview 3891
for employment as a licensed teacher with the district for the 3892
mileage and other actual expenses incurred in the course of travel 3893
to and from the interview by such persons at the rate authorized 3894
for county and municipal employees under Section 25-3-41. Any 3895
reimbursement by a school board under this section shall be paid 3896
from funds other than adequate education program funds. 3897
SECTION 37. Section 37-23-31, Mississippi Code of 1972, is 3898
brought forward as follows: 3899
37-23-31. (1) (a) When five (5) or more children under 3900
twenty-one (21) years of age who, because of significant 3901
developmental disabilities, complex communication needs, 3902
significant language or learning deficits or any combination of 3903
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either, are unable to have their educational needs met 3904
appropriately in a regular or special education public school 3905
program within their local public school districts, a 3906
state-supported university or college shall be authorized and 3907
empowered, in its discretion, to provide a program of education, 3908
instruction and training to such children, provided that such 3909
program shall operate under rules, regulations, policies and 3910
standards adopted by the State Department of Education, as 3911
provided for in Section 37-23-33. The opinion of a parent or 3912
guardian in regard to the provision of an appropriate special 3913
education program in or by their respective local public school 3914
district shall be considered before a placement decision is 3915
finalized. Parents of students enrolled in a local education 3916
agency (LEA) shall have any and all rights as provided in the 3917
Individuals with Disabilities Education Act, including, but not 3918
limited to, the right to equal participation in their child's 3919
Individualized Education Program (IEP), the right to require 3920
review of their child's IEP, and the right to appeal an IEP 3921
Committee decision immediately. The parent or guardian or local 3922
educational agency shall have the right to audio record the 3923
proceedings of individualized education program team meetings. 3924
The parent or guardian or local educational agency shall notify 3925
the members of the individualized education program team of his, 3926
her, or its intent to audio record a meeting at least twenty-four 3927
(24) hours prior to the meeting. 3928
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(b) Instructors, including speech-language 3929
pathologists, educational audiologists and special and early 3930
childhood educators are qualified and empowered to serve as the 3931
lead teacher for children enrolled within the state-supported 3932
university's or college's university-based program (UBP) through 3933
the IDEA-Part C and IDEA-Part B eligibility and placement process 3934
upon completing instructional licensure requirements for the 3935
purposes of funding MAEP special education teacher units. 3936
(c) Due to the significance of the needs of the 3937
children served through the UBP, general education setting 3938
requirements may not be applicable as the least restrictive 3939
environment. Students enrolled in a UBP by a LEA shall meet all 3940
state educational requirements, including participation in 3941
statewide assessments. Justification for placement decisions is 3942
determined in conjunction with the LEA through each child's IEP 3943
for ages three (3) to twenty-one (21). The UBP shall submit to 3944
the local education agency and the parents of the student in the 3945
program a progress report each semester on all IEP goals and 3946
objectives. The UBP and local education agency shall confer 3947
annually to develop the IEP for each student enrolled in the UBP. 3948
(2) Any state-supported university or college conducting a 3949
full-time medical teaching program acceptable to the State Board 3950
of Education may, at its discretion, enter into such contracts or 3951
agreements with any private school or nonprofit 3952
corporation-supported institution, the Mississippi School for the 3953
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Deaf, or any state-supported institution, providing the special 3954
education contemplated by this section for such services, provided 3955
the private school or institution offering such services shall 3956
have conducted a program of such services at standards acceptable 3957
to the State Department of Education for a period of at least one 3958
(1) year prior to the date at which the university or college 3959
proposes to enter into an agreement or contract for special 3960
educational services as described above. 3961
SECTION 38. Section 37-23-33, Mississippi Code of 1972, is 3962
brought forward as follows: 3963
37-23-33. (1) Such program of education, instruction and 3964
training as is provided for in Section 37-23-31 shall be furnished 3965
in such manner as shall be provided by rules and regulations 3966
adopted by the State Board of Education, which for such purposes 3967
shall have the full power to adopt such rules, regulations, 3968
policies and standards as it may deem necessary to carry out the 3969
purpose of Sections 37-23-31 through 37-23-35, including the 3970
establishment of qualifications consistent with the requirements 3971
of subsection (2) of this section for any teachers employed under 3972
the provisions thereof. It is expressly provided, however, that 3973
no program of education, instruction and training shall be 3974
furnished except in a university or college supported by the State 3975
of Mississippi and only in cases where such university or college 3976
shall consent thereto and shall provide any classroom space, 3977
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furniture and facilities which may be deemed necessary in carrying 3978
out the provisions of those sections. 3979
(2) Speech-language pathologists, educational audiologists, 3980
and special and early childhood educators are qualified and 3981
authorized to serve as the lead teacher for children enrolled in a 3982
university or college-based program through the IDEA-Part C and 3983
IDEA-Part B eligibility and placement process. Whenever 3984
communication is a primary area of concern on a child's 3985
Individualized Family Service Plan (IFSP) or Individualized 3986
Education Program (IEP), a speech-language pathologist or 3987
educational audiologist may serve as the lead instructor with an 3988
educator serving as a related service provider as necessary to 3989
meet the educational needs of the child. Speech-language 3990
pathologists and educational audiologists must undergo extensive 3991
college coursework in communication-based disorders impacting 3992
multiple areas of development, including cognition. The content 3993
of the college coursework must include typical and atypical 3994
development for ages birth through death. In addition to 3995
completing the college coursework, these instructional providers 3996
must meet all instructional licensure requirements as set forth by 3997
the State Department of Education for the purpose of funding MAEP 3998
special education teacher units. 3999
(3) The State Department of Education through its general 4000
supervision responsibilities set forth by the Office of Special 4001
Education Programs at the United States Department of Education, 4002
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shall require that the program of education, instruction and 4003
training be designed to provide individualized appropriate special 4004
education and related services that enable a child to reach his or 4005
her appropriate and uniquely designed goals for success. 4006
(4) A university- or college-based program must submit all 4007
reports and data required by the State Department of Education on 4008
the same or similar time schedule and in the same or similar 4009
manner that same or similar reports and data must be submitted to 4010
the department by local educational agencies. 4011
SECTION 39. Section 37-23-35, Mississippi Code of 1972, is 4012
brought forward as follows: 4013
37-23-35. (1) When any children who are residents of the 4014
State of Mississippi and qualify under the provisions of Section 4015
37-23-31, are provided a program of education, instruction and 4016
training within a school under the provisions of Section 37-23-31, 4017
the State Department of Education shall allocate one (1) teacher 4018
unit for each approved class. The allocation of funds for each 4019
teacher unit shall be based on the teacher's certification and 4020
shall be in accordance with Section 37-19-7. The department shall 4021
complete provisional teacher unit approval for university or 4022
college-based programs at the same time teacher units are approved 4023
for local educational agencies. The university or college shall 4024
be eligible for state and federal funds for such programs in 4025
accordance with IDEA. The university or college shall be 4026
responsible for providing for the additional costs of the program. 4027
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(2) IDEA-Part B and preschool allocations for each LEA shall 4028
be determined and calculated by the State Department of Education 4029
with notification provided to the UBP of the total amount of funds 4030
being distributed to the LEA. The LEA and UBP shall enter into a 4031
collaborative agreement that describes the services provided and 4032
the funds required for such services. 4033
(3) State funds for transportation, extended school year and 4034
teacher unit allocations, including National Board 4035
Certification/Speech-Language Pathology Supplements, shall be 4036
distributed by the State Department of Education directly to the 4037
state-supported university or college for students placed either 4038
through the Individualized Education Program (IEP) process or who 4039
are parentally placed. The university-based program (UBP) shall 4040
submit this information directly to the State Department of 4041
Education. 4042
SECTION 40. Section 37-57-1, Mississippi Code of 1972, is 4043
brought forward as follows: 4044
37-57-1. (1) (a) The boards of supervisors of the counties 4045
shall levy and collect all taxes for and on behalf of all school 4046
districts which were within the county school system or designated 4047
as special municipal separate school districts prior to July 1, 4048
1986. Such taxes shall be collected by the county tax collector 4049
at the same time and in the same manner as county taxes are 4050
collected by him, and the same penalties for delinquency shall be 4051
applicable. 4052
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The governing authorities of the municipalities shall levy 4053
and collect all taxes for and on behalf of all school districts 4054
which were designated as municipal separate school districts prior 4055
to July 1, 1986. Such taxes shall be collected by the municipal 4056
tax collector at the same time and in the same manner as municipal 4057
taxes are collected by him, and the same penalties for delinquency 4058
shall be applicable. 4059
Except as otherwise provided in Section 19-9-171, the county 4060
or municipal tax collector, as the case may be, shall pay such tax 4061
collections, except for taxes collected for the payment of the 4062
principal of and interest on school bonds or notes and except for 4063
taxes collected to defray collection costs, into the school 4064
depository and report to the school board of the appropriate 4065
school district at the same time and in the same manner as the tax 4066
collector makes his payments and reports of other taxes collected 4067
by him. 4068
However, the State Board of Education shall determine the 4069
appropriate levying authority for any school district created or 4070
reorganized after July 1, 1987. 4071
(b) For the purposes of this chapter and any other laws 4072
pertaining to taxes levied or bonds or notes issued for and on 4073
behalf of school districts, the term "levying authority" means the 4074
board of supervisors of the county or the governing authorities of 4075
the municipality, whichever levies taxes for and on behalf of the 4076
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particular school district as provided in paragraphs (a) and (b) 4077
of this subsection. 4078
(2) The levying authority for the school district shall, at 4079
the same time and in the same manner as other taxes are levied by 4080
the levying authority, levy a tax of not less than twenty-eight 4081
(28) mills for the then current fiscal year or a millage rate 4082
equivalent to twenty-seven percent (27%) of the total funding 4083
formula under Sections 37-151-200 through 37-151-215, whichever is 4084
a lesser amount, as certified to the school district by the State 4085
Department of Education, upon all of the taxable property of the 4086
school district. However, in no case shall the minimum local ad 4087
valorem tax effort for any school district be equal to an amount 4088
that would require a millage rate exceeding fifty-five (55) mills 4089
in that school district. However, if a levying authority is 4090
levying in excess of fifty-five (55) mills on July 1, 1997, the 4091
levying authority may levy an additional amount not exceeding 4092
three (3) mills in the aggregate for the period beginning July 1, 4093
1997, and ending June 30, 2003, subject to the limitation on 4094
increased receipts from ad valorem taxes prescribed in Sections 4095
37-57-105 and 37-57-107. Nothing in this subsection shall be 4096
construed to require any school district that is levying more than 4097
fifty-five (55) mills pursuant to Sections 37-57-1 and 37-57-105 4098
to decrease its millage rate to fifty-five (55) mills or less. In 4099
making such levy, the levying authority shall levy an additional 4100
amount sufficient to cover anticipated delinquencies and costs of 4101
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collection so that the net amount of money to be produced by such 4102
levy shall be equal to the amount which the school district is 4103
required to contribute as its minimum local ad valorem tax effort. 4104
The tax so levied shall be collected by the tax collector at the 4105
same time and in the same manner as other ad valorem taxes are 4106
collected by him. The amount of taxes so collected as a result of 4107
such levy shall be paid into the district maintenance fund of the 4108
school district by the tax collector at the same time and in the 4109
same manner as reports and payments of other ad valorem taxes are 4110
made by the tax collector, except that the amount collected to 4111
defray costs of collection may be paid into the county general 4112
fund. The levying authority shall have the power and authority to 4113
direct and cause warrants to be issued against such fund for the 4114
purpose of refunding any amount of taxes erroneously or illegally 4115
paid into such fund where such refund has been approved in the 4116
manner provided by law. 4117
SECTION 41. Section 27-65-75, Mississippi Code of 1972, is 4118
brought forward as follows: 4119
27-65-75. On or before the fifteenth day of each month, the 4120
revenue collected under the provisions of this chapter during the 4121
preceding month shall be paid and distributed as follows: 4122
(1) (a) On or before August 15, 1992, and each succeeding 4123
month thereafter through July 15, 1993, eighteen percent (18%) of 4124
the total sales tax revenue collected during the preceding month 4125
under the provisions of this chapter, except that collected under 4126
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the provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on 4127
business activities within a municipal corporation shall be 4128
allocated for distribution to the municipality and paid to the 4129
municipal corporation. Except as otherwise provided in this 4130
paragraph (a), on or before August 15, 1993, and each succeeding 4131
month thereafter through August 15, 2025, eighteen and one-half 4132
percent (18-1/2%) of the total sales tax revenue collected during 4133
the preceding month under the provisions of this chapter, except 4134
that collected under the provisions of Sections 27-65-15, 4135
27-65-19(3), 27-65-21 and 27-65-24, on business activities within 4136
a municipal corporation shall be allocated for distribution to the 4137
municipality and paid to the municipal corporation. Except as 4138
otherwise provided in this paragraph (a), on or before September 4139
15, 2025, and each succeeding month thereafter, eighteen and 4140
one-half percent (18.5%) of the total sales tax revenue collected 4141
during the preceding month under this chapter, except that 4142
collected under Sections 27-65-15, 27-65-17(1)(n), 27-65-19(3), 4143
27-65-21 and 27-65-24, on business activities within a municipal 4144
corporation shall be allocated for distribution and paid to the 4145
municipal corporation. On or before September 15, 2025, and each 4146
succeeding month thereafter, twenty-five and nine-tenths percent 4147
(25.9%) of the total sales tax revenue collected during the 4148
preceding month under Section 27-65-17(1)(n) on business 4149
activities within a municipal corporation shall be allocated for 4150
distribution and paid to the municipal corporation. However, in 4151
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the event the State Auditor issues a certificate of noncompliance 4152
pursuant to Section 21-35-31, the department shall withhold ten 4153
percent (10%) of the allocations and payments to the municipality 4154
that would otherwise be payable to the municipality under this 4155
paragraph (a) until such time that the department receives written 4156
notice of the cancellation of a certificate of noncompliance from 4157
the State Auditor. 4158
A municipal corporation, for the purpose of distributing the 4159
tax under this subsection, shall mean and include all incorporated 4160
cities, towns and villages. 4161
Monies allocated for distribution and credited to a municipal 4162
corporation under this paragraph may be pledged as security for a 4163
loan if the distribution received by the municipal corporation is 4164
otherwise authorized or required by law to be pledged as security 4165
for such a loan. 4166
In any county having a county seat that is not an 4167
incorporated municipality, the distribution provided under this 4168
subsection shall be made as though the county seat was an 4169
incorporated municipality; however, the distribution to the 4170
municipality shall be paid to the county treasury in which the 4171
municipality is located, and those funds shall be used for road, 4172
bridge and street construction or maintenance in the county. 4173
(b) On or before August 15, 2006, and each succeeding 4174
month thereafter through August 15, 2025, eighteen and one-half 4175
percent (18-1/2%) of the total sales tax revenue collected during 4176
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the preceding month under the provisions of this chapter, except 4177
that collected under the provisions of Sections 27-65-15, 4178
27-65-19(3) and 27-65-21, on business activities on the campus of 4179
a state institution of higher learning or community or junior 4180
college whose campus is not located within the corporate limits of 4181
a municipality, shall be allocated for distribution to the state 4182
institution of higher learning or community or junior college and 4183
paid to the state institution of higher learning or community or 4184
junior college. On or before September 15, 2025, and each 4185
succeeding month thereafter, eighteen and one-half percent (18.5%) 4186
of the total sales tax revenue collected during the preceding 4187
month under this chapter, except that collected under Sections 4188
27-65-15, 27-65-17(1)(n), 27-65-19(3) and 27-65-21, on business 4189
activities on the campus of a state institution of higher learning 4190
or community or junior college whose campus is not located within 4191
the corporate limits of a municipality, shall be allocated for 4192
distribution and paid to the state institution of higher learning 4193
or community or junior college. On or before September 15, 2025, 4194
and each succeeding month thereafter, twenty-five and nine-tenths 4195
percent (25.9%) of the total sales tax revenue collected during 4196
the preceding month under Section 27-65-17(1)(n) on business 4197
activities on the campus of a state institution of higher learning 4198
or community or junior college whose campus is not located within 4199
the corporate limits of a municipality, shall be allocated for 4200
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distribution and paid to the state institution of higher learning 4201
or community or junior college. 4202
(c) On or before August 15, 2018, and each succeeding 4203
month thereafter until August 14, 2019, two percent (2%) of the 4204
total sales tax revenue collected during the preceding month under 4205
the provisions of this chapter, except that collected under the 4206
provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 4207
27-65-24, on business activities within the corporate limits of 4208
the City of Jackson, Mississippi, shall be deposited into the 4209
Capitol Complex Improvement District Project Fund created in 4210
Section 29-5-215. On or before August 15, 2019, and each 4211
succeeding month thereafter until August 14, 2020, four percent 4212
(4%) of the total sales tax revenue collected during the preceding 4213
month under the provisions of this chapter, except that collected 4214
under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 4215
and 27-65-24, on business activities within the corporate limits 4216
of the City of Jackson, Mississippi, shall be deposited into the 4217
Capitol Complex Improvement District Project Fund created in 4218
Section 29-5-215. On or before August 15, 2020, and each 4219
succeeding month thereafter through July 15, 2023, six percent 4220
(6%) of the total sales tax revenue collected during the preceding 4221
month under the provisions of this chapter, except that collected 4222
under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 4223
and 27-65-24, on business activities within the corporate limits 4224
of the City of Jackson, Mississippi, shall be deposited into the 4225
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Capitol Complex Improvement District Project Fund created in 4226
Section 29-5-215. On or before August 15, 2023, and each 4227
succeeding month thereafter through August 15, 2025, nine percent 4228
(9%) of the total sales tax revenue collected during the preceding 4229
month under the provisions of this chapter, except that collected 4230
under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 4231
and 27-65-24, on business activities within the corporate limits 4232
of the City of Jackson, Mississippi, shall be deposited into the 4233
Capitol Complex Improvement District Project Fund created in 4234
Section 29-5-215. On or before September 15, 2025, and each 4235
succeeding month thereafter, nine percent (9%) of the total sales 4236
tax revenue collected during the preceding month under this 4237
chapter, except that collected under Sections 27-65-15, 4238
27-65-17(1)(n), 27-65-19(3), 27-65-21 and 27-65-24, on business 4239
activities within the corporate limits of the City of Jackson, 4240
Mississippi, shall be deposited into the Capitol Complex 4241
Improvement District Project Fund created in Section 27-5-215. On 4242
or before September 15, 2025, and each succeeding month 4243
thereafter, twelve and six-tenths percent (12.6%) of the total 4244
sales tax revenue collected during the preceding month under 4245
Section 27-65-17(1)(n) on business activities within the corporate 4246
limits of the City of Jackson, Mississippi, shall be deposited 4247
into the Capitol Complex Improvement District Project Fund created 4248
in Section 27-5-215. 4249
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(d) (i) Except as otherwise provided in this paragraph 4250
(d), on or before the fifteenth day of the month that the 4251
diversion authorized by this section begins, and each succeeding 4252
month thereafter, eighteen and one-half percent (18-1/2%) of the 4253
total sales tax revenue collected during the preceding month under 4254
the provisions of this chapter, except that collected under the 4255
provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on 4256
business activities within a redevelopment project area developed 4257
under a redevelopment plan adopted under the Tax Increment 4258
Financing Act (Section 21-45-1 et seq.) shall be allocated for 4259
distribution to the county in which the project area is located 4260
if: 4261
1. The county: 4262
a. Borders on the Mississippi Sound and 4263
the State of Alabama, or 4264
b. Is Harrison County, Mississippi, and 4265
the project area is within a radius of two (2) miles from the 4266
intersection of Interstate 10 and Menge Avenue; 4267
2. The county has issued bonds under Section 4268
21-45-9 to finance all or a portion of a redevelopment project in 4269
the redevelopment project area; 4270
3. Any debt service for the indebtedness 4271
incurred is outstanding; and 4272
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4. A development with a value of Ten Million 4273
Dollars ($10,000,000.00) or more is, or will be, located in the 4274
redevelopment area. 4275
(ii) For a county that is eligible to receive 4276
funds under this paragraph (d), as determined by the department 4277
under this paragraph (d), from and after September 15, 2025, and 4278
each succeeding month thereafter, eighteen and one-half percent 4279
(18.5%) of the total sales tax revenue collected during the 4280
preceding month under this chapter, except that collected under 4281
Sections 27-65-15, 27-65-17(1)(n), 27-65-19(3) and 27-65-21, on 4282
business activities within a redevelopment project area developed 4283
under a redevelopment plan adopted under the Tax Increment 4284
Financing Act (Section 21-45-1 et seq.) shall be allocated for 4285
distribution to the county in which the project is located, and 4286
twenty-five and nine-tenths percent (25.9%) of the total sales tax 4287
revenue collected during the preceding month under Section 4288
27-65-17(1)(n) shall be allocated for distribution to that county. 4289
(iii) Before any sales tax revenue may be 4290
allocated for distribution to a county under this paragraph (d), 4291
the county shall certify to the Department of Revenue that the 4292
requirements of this paragraph (d) have been met, the amount of 4293
bonded indebtedness that has been incurred by the county for the 4294
redevelopment project and the expected date the indebtedness 4295
incurred by the county will be satisfied. 4296
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(iv) The diversion of sales tax revenue authorized 4297
by this paragraph (d) shall begin the month following the month in 4298
which the Department of Revenue determines that the requirements 4299
of this paragraph (d) have been met. The diversion shall end the 4300
month the indebtedness incurred by the county is satisfied. All 4301
revenue received by the county under this paragraph (d) shall be 4302
deposited in the fund required to be created in the tax increment 4303
financing plan under Section 21-45-11 and be utilized solely to 4304
satisfy the indebtedness incurred by the county. 4305
(2) On or before September 15, 1987, and each succeeding 4306
month thereafter, from the revenue collected under this chapter 4307
during the preceding month, One Million One Hundred Twenty-five 4308
Thousand Dollars ($1,125,000.00) shall be allocated for 4309
distribution to municipal corporations as defined under subsection 4310
(1) of this section in the proportion that the number of gallons 4311
of gasoline and diesel fuel sold by distributors to consumers and 4312
retailers in each such municipality during the preceding fiscal 4313
year bears to the total gallons of gasoline and diesel fuel sold 4314
by distributors to consumers and retailers in municipalities 4315
statewide during the preceding fiscal year. The Department of 4316
Revenue shall require all distributors of gasoline and diesel fuel 4317
to report to the department monthly the total number of gallons of 4318
gasoline and diesel fuel sold by them to consumers and retailers 4319
in each municipality during the preceding month. The Department 4320
of Revenue shall have the authority to promulgate such rules and 4321
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regulations as is necessary to determine the number of gallons of 4322
gasoline and diesel fuel sold by distributors to consumers and 4323
retailers in each municipality. In determining the percentage 4324
allocation of funds under this subsection for the fiscal year 4325
beginning July 1, 1987, and ending June 30, 1988, the Department 4326
of Revenue may consider gallons of gasoline and diesel fuel sold 4327
for a period of less than one (1) fiscal year. For the purposes 4328
of this subsection, the term "fiscal year" means the fiscal year 4329
beginning July 1 of a year. 4330
(3) On or before September 15, 1987, and on or before the 4331
fifteenth day of each succeeding month, until the date specified 4332
in Section 65-39-35, the proceeds derived from contractors' taxes 4333
levied under Section 27-65-21 on contracts for the construction or 4334
reconstruction of highways designated under the highway program 4335
created under Section 65-3-97 shall, except as otherwise provided 4336
in Section 31-17-127, be deposited into the State Treasury to the 4337
credit of the State Highway Fund to be used to fund that highway 4338
program. The Mississippi Department of Transportation shall 4339
provide to the Department of Revenue such information as is 4340
necessary to determine the amount of proceeds to be distributed 4341
under this subsection. 4342
(4) On or before August 15, 1994, and on or before the 4343
fifteenth day of each succeeding month through July 15, 1999, from 4344
the proceeds of gasoline, diesel fuel or kerosene taxes as 4345
provided in Section 27-5-101(a)(ii)1, Four Million Dollars 4346
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($4,000,000.00) shall be deposited in the State Treasury to the 4347
credit of a special fund designated as the "State Aid Road Fund," 4348
created by Section 65-9-17. On or before August 15, 1999, and on 4349
or before the fifteenth day of each succeeding month through 4350
August 15, 2026, from the total amount of the proceeds of 4351
gasoline, diesel fuel or kerosene taxes apportioned by Section 4352
27-5-101(a)(ii)1, Four Million Dollars ($4,000,000.00) or an 4353
amount equal to twenty-three and one-fourth percent (23-1/4%) of 4354
those funds, whichever is the greater amount, shall be deposited 4355
in the State Treasury to the credit of the "State Aid Road Fund," 4356
created by Section 65-9-17. After August 15, 2025, from the total 4357
amount of the proceeds of gasoline, diesel fuel or kerosene taxes 4358
apportioned by Section 27-5-101(a)(ii)1 and (iii), Five Million 4359
Dollars ($5,000,000.00) or an amount equal to twenty-three and 4360
one-fourth percent (23-1/4%) of those funds, whichever is greater, 4361
shall be deposited in the State Treasury to the credit of the 4362
"State Aid Road Fund" on or before September 15, 2025, and on or 4363
before the fifteenth day of each succeeding month through August 4364
15, 2026, and Six Million Five Hundred Thousand Dollars 4365
($6,500,000.00) or an amount equal to twenty-three and one-fourth 4366
percent (23-1/4%) of those funds, whichever is greater, shall be 4367
deposited in the State Treasury to the credit of the "State Aid 4368
Road Fund" on or before September 15, 2026, and on or before the 4369
fifteenth day of each succeeding month through August 15, 2027, 4370
and Eight Million Dollars ($8,000,000.00) or an amount equal to 4371
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twenty-three and one-fourth percent (23-1/4%) of those funds, 4372
whichever is greater, shall be deposited in the State Treasury to 4373
the credit of the "State Aid Road Fund" on or before September 15, 4374
2027, and on or before the fifteenth day of each succeeding month. 4375
From the amount of taxes paid into the special fund under this 4376
subsection and subsection (9) of this section, there shall be 4377
first deducted and paid the amount necessary to pay the expenses 4378
of the Office of State Aid Road Construction, as authorized by the 4379
Legislature for all other general and special fund agencies. The 4380
remainder of the funds shall be allocated monthly to the several 4381
counties in accordance with the following formula: 4382
(a) One-third (1/3) shall be allocated to all counties 4383
in equal shares; 4384
(b) One-third (1/3) shall be allocated to counties 4385
based on the proportion that the total number of rural road miles 4386
in a county bears to the total number of rural road miles in all 4387
counties of the state; and 4388
(c) One-third (1/3) shall be allocated to counties 4389
based on the proportion that the rural population of the county 4390
bears to the total rural population in all counties of the state, 4391
according to the latest federal decennial census. 4392
For the purposes of this subsection, the term "gasoline, 4393
diesel fuel or kerosene taxes" means such taxes as defined in 4394
paragraph (f) of Section 27-5-101. 4395
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The amount of funds allocated to any county under this 4396
subsection for any fiscal year after fiscal year 1994 shall not be 4397
less than the amount allocated to the county for fiscal year 1994. 4398
Any reference in the general laws of this state or the 4399
Mississippi Code of 1972 to Section 27-5-105 shall mean and be 4400
construed to refer and apply to subsection (4) of Section 4401
27-65-75. 4402
(5) On or before August 15, 2024, and each succeeding month 4403
thereafter, One Million Six Hundred Sixty-six Thousand Six Hundred 4404
Sixty-six Dollars ($1,666,666.00) shall be paid into the special 4405
fund known as the Education Enhancement Fund created and existing 4406
under the provisions of Section 37-61-33. 4407
(6) An amount each month beginning August 15, 1983, through 4408
November 15, 1986, as specified in Section 6, Chapter 542, Laws of 4409
1983, shall be paid into the special fund known as the 4410
Correctional Facilities Construction Fund created in Section 6, 4411
Chapter 542, Laws of 1983. 4412
(7) On or before August 15, 1992, and each succeeding month 4413
thereafter through July 15, 2000, two and two hundred sixty-six 4414
one-thousandths percent (2.266%) of the total sales tax revenue 4415
collected during the preceding month under the provisions of this 4416
chapter, except that collected under the provisions of Section 4417
27-65-17(2), shall be deposited by the department into the School 4418
Ad Valorem Tax Reduction Fund created under Section 37-61-35. On 4419
or before August 15, 2000, and each succeeding month thereafter 4420
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through August 15, 2025, two and two hundred sixty-six 4421
one-thousandths percent (2.266%) of the total sales tax revenue 4422
collected during the preceding month under the provisions of this 4423
chapter, except that collected under the provisions of Section 4424
27-65-17(2), shall be deposited into the School Ad Valorem Tax 4425
Reduction Fund created under Section 37-61-35 until such time that 4426
the total amount deposited into the fund during a fiscal year 4427
equals Forty-two Million Dollars ($42,000,000.00). Thereafter, 4428
the amounts diverted under this subsection (7) during the fiscal 4429
year in excess of Forty-two Million Dollars ($42,000,000.00) shall 4430
be deposited into the Education Enhancement Fund created under 4431
Section 37-61-33 for appropriation by the Legislature as other 4432
education needs and shall not be subject to the percentage 4433
appropriation requirements set forth in Section 37-61-33. On or 4434
before September 15, 2025, and each succeeding month thereafter, 4435
two and two hundred sixty-six one-thousandths percent (2.266%) of 4436
the total sales tax revenue collected during the preceding month 4437
under this chapter, except that collected under Section 4438
27-65-17(1)(n) and (2), and three and seventeen one-hundredths 4439
percent (3.17%) of the total sales tax revenue collected during 4440
the preceding month under Section 27-65-17(1)(n), shall be 4441
deposited into the School Ad Valorem Tax Reduction Fund created 4442
under Section 37-61-35 until such time that the total amount 4443
deposited into the fund during a fiscal year equals Forty-two 4444
Million Dollars ($42,000,000.00). Thereafter, the amounts 4445
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diverted under this subsection (7) during the fiscal year in 4446
excess of Forty-two Million Dollars ($42,000,000.00) shall be 4447
deposited into the Education Enhancement Fund created under 4448
Section 37-61-33 for appropriation by the Legislature as other 4449
education needs and shall not be subject to the percentage 4450
appropriation requirements set forth in Section 37-61-33. 4451
(8) On or before August 15, 1992, and each succeeding month 4452
thereafter through August 15, 2025, nine and seventy-three 4453
one-thousandths percent (9.073%) of the total sales tax revenue 4454
collected during the preceding month under the provisions of this 4455
chapter, except that collected under the provisions of Section 4456
27-65-17(2), shall be deposited into the Education Enhancement 4457
Fund created under Section 37-61-33. On or before September 15, 4458
2025, and each succeeding month thereafter, nine and seventy-three 4459
one-thousandths percent (9.073%) of the total sales tax revenue 4460
collected during the preceding month under this chapter, except 4461
that collected under Section 27-65-17(1)(n) and (2), and twelve 4462
and seven-tenths percent (12.7%) of the total sales tax revenue 4463
collected during the preceding month under Section 27-65-17(1)(n), 4464
shall be deposited into the Education Enhancement Fund created 4465
under Section 37-61-33. 4466
(9) On or before August 15, 1994, and each succeeding month 4467
thereafter, from the revenue collected under this chapter during 4468
the preceding month, Two Hundred Fifty Thousand Dollars 4469
($250,000.00) shall be paid into the State Aid Road Fund. 4470
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(10) On or before August 15, 1994, and each succeeding month 4471
thereafter through August 15, 1995, from the revenue collected 4472
under this chapter during the preceding month, Two Million Dollars 4473
($2,000,000.00) shall be deposited into the Motor Vehicle Ad 4474
Valorem Tax Reduction Fund established in Section 27-51-105. 4475
(11) Notwithstanding any other provision of this section to 4476
the contrary, on or before February 15, 1995, and each succeeding 4477
month thereafter, the sales tax revenue collected during the 4478
preceding month under the provisions of Section 27-65-17(2) and 4479
the corresponding levy in Section 27-65-23 on the rental or lease 4480
of private carriers of passengers and light carriers of property 4481
as defined in Section 27-51-101 shall be deposited, without 4482
diversion, into the Motor Vehicle Ad Valorem Tax Reduction Fund 4483
established in Section 27-51-105. 4484
(12) Notwithstanding any other provision of this section to 4485
the contrary, on or before August 15, 1995, and each succeeding 4486
month thereafter, the sales tax revenue collected during the 4487
preceding month under the provisions of Section 27-65-17(1) on 4488
retail sales of private carriers of passengers and light carriers 4489
of property, as defined in Section 27-51-101 and the corresponding 4490
levy in Section 27-65-23 on the rental or lease of these vehicles, 4491
shall be deposited, after diversion, into the Motor Vehicle Ad 4492
Valorem Tax Reduction Fund established in Section 27-51-105. 4493
(13) On or before July 15, 1994, and on or before the 4494
fifteenth day of each succeeding month thereafter, that portion of 4495
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the avails of the tax imposed in Section 27-65-22 that is derived 4496
from activities held on the Mississippi State Fairgrounds Complex 4497
shall be paid into a special fund that is created in the State 4498
Treasury and shall be expended upon legislative appropriation 4499
solely to defray the costs of repairs and renovation at the Trade 4500
Mart and Coliseum. 4501
(14) On or before August 15, 1998, and each succeeding month 4502
thereafter through July 15, 2005, that portion of the avails of 4503
the tax imposed in Section 27-65-23 that is derived from sales by 4504
cotton compresses or cotton warehouses and that would otherwise be 4505
paid into the General Fund shall be deposited in an amount not to 4506
exceed Two Million Dollars ($2,000,000.00) into the special fund 4507
created under Section 69-37-39. On or before August 15, 2007, and 4508
each succeeding month thereafter through July 15, 2010, that 4509
portion of the avails of the tax imposed in Section 27-65-23 that 4510
is derived from sales by cotton compresses or cotton warehouses 4511
and that would otherwise be paid into the General Fund shall be 4512
deposited in an amount not to exceed Two Million Dollars 4513
($2,000,000.00) into the special fund created under Section 4514
69-37-39 until all debts or other obligations incurred by the 4515
Certified Cotton Growers Organization under the Mississippi Boll 4516
Weevil Management Act before January 1, 2007, are satisfied in 4517
full. On or before August 15, 2010, and each succeeding month 4518
thereafter through July 15, 2011, fifty percent (50%) of that 4519
portion of the avails of the tax imposed in Section 27-65-23 that 4520
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is derived from sales by cotton compresses or cotton warehouses 4521
and that would otherwise be paid into the General Fund shall be 4522
deposited into the special fund created under Section 69-37-39 4523
until such time that the total amount deposited into the fund 4524
during a fiscal year equals One Million Dollars ($1,000,000.00). 4525
On or before August 15, 2011, and each succeeding month 4526
thereafter, that portion of the avails of the tax imposed in 4527
Section 27-65-23 that is derived from sales by cotton compresses 4528
or cotton warehouses and that would otherwise be paid into the 4529
General Fund shall be deposited into the special fund created 4530
under Section 69-37-39 until such time that the total amount 4531
deposited into the fund during a fiscal year equals One Million 4532
Dollars ($1,000,000.00). 4533
(15) Notwithstanding any other provision of this section to 4534
the contrary, on or before September 15, 2000, and each succeeding 4535
month thereafter, the sales tax revenue collected during the 4536
preceding month under the provisions of Section 4537
27-65-19(1)(d)(i)2, and 27-65-19(1)(d)(i)3 shall be deposited, 4538
without diversion, into the Telecommunications Ad Valorem Tax 4539
Reduction Fund established in Section 27-38-7. 4540
(16) (a) On or before August 15, 2000, and each succeeding 4541
month thereafter, the sales tax revenue collected during the 4542
preceding month under the provisions of this chapter on the gross 4543
proceeds of sales of a project as defined in Section 57-30-1 shall 4544
be deposited, after all diversions except the diversion provided 4545
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for in subsection (1) of this section, into the Sales Tax 4546
Incentive Fund created in Section 57-30-3. 4547
(b) On or before August 15, 2007, and each succeeding 4548
month thereafter, eighty percent (80%) of the sales tax revenue 4549
collected during the preceding month under the provisions of this 4550
chapter from the operation of a tourism project under the 4551
provisions of Sections 57-26-1 through 57-26-5, shall be 4552
deposited, after the diversions required in subsections (7) and 4553
(8) of this section, into the Tourism Project Sales Tax Incentive 4554
Fund created in Section 57-26-3. 4555
(17) Notwithstanding any other provision of this section to 4556
the contrary, on or before April 15, 2002, and each succeeding 4557
month thereafter, the sales tax revenue collected during the 4558
preceding month under Section 27-65-23 on sales of parking 4559
services of parking garages and lots at airports shall be 4560
deposited, without diversion, into the special fund created under 4561
Section 27-5-101(d). 4562
(18) [Repealed] 4563
(19) (a) On or before August 15, 2005, and each succeeding 4564
month thereafter, the sales tax revenue collected during the 4565
preceding month under the provisions of this chapter on the gross 4566
proceeds of sales of a business enterprise located within a 4567
redevelopment project area under the provisions of Sections 4568
57-91-1 through 57-91-11, and the revenue collected on the gross 4569
proceeds of sales from sales made to a business enterprise located 4570
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in a redevelopment project area under the provisions of Sections 4571
57-91-1 through 57-91-11 (provided that such sales made to a 4572
business enterprise are made on the premises of the business 4573
enterprise), shall, except as otherwise provided in this 4574
subsection (19), be deposited, after all diversions, into the 4575
Redevelopment Project Incentive Fund as created in Section 4576
57-91-9. 4577
(b) For a municipality participating in the Economic 4578
Redevelopment Act created in Sections 57-91-1 through 57-91-11, 4579
the diversion provided for in subsection (1) of this section 4580
attributable to the gross proceeds of sales of a business 4581
enterprise located within a redevelopment project area under the 4582
provisions of Sections 57-91-1 through 57-91-11, and attributable 4583
to the gross proceeds of sales from sales made to a business 4584
enterprise located in a redevelopment project area under the 4585
provisions of Sections 57-91-1 through 57-91-11 (provided that 4586
such sales made to a business enterprise are made on the premises 4587
of the business enterprise), shall be deposited into the 4588
Redevelopment Project Incentive Fund as created in Section 4589
57-91-9, as follows: 4590
(i) For the first six (6) years in which payments 4591
are made to a developer from the Redevelopment Project Incentive 4592
Fund, one hundred percent (100%) of the diversion shall be 4593
deposited into the fund; 4594
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(ii) For the seventh year in which such payments 4595
are made to a developer from the Redevelopment Project Incentive 4596
Fund, eighty percent (80%) of the diversion shall be deposited 4597
into the fund; 4598
(iii) For the eighth year in which such payments 4599
are made to a developer from the Redevelopment Project Incentive 4600
Fund, seventy percent (70%) of the diversion shall be deposited 4601
into the fund; 4602
(iv) For the ninth year in which such payments are 4603
made to a developer from the Redevelopment Project Incentive Fund, 4604
sixty percent (60%) of the diversion shall be deposited into the 4605
fund; and 4606
(v) For the tenth year in which such payments are 4607
made to a developer from the Redevelopment Project Incentive Fund, 4608
fifty percent (50%) of the funds shall be deposited into the fund. 4609
(20) On or before January 15, 2007, and each succeeding 4610
month thereafter, eighty percent (80%) of the sales tax revenue 4611
collected during the preceding month under the provisions of this 4612
chapter from the operation of a tourism project under the 4613
provisions of Sections 57-28-1 through 57-28-5 shall be deposited, 4614
after the diversions required in subsections (7) and (8) of this 4615
section, into the Tourism Sales Tax Incentive Fund created in 4616
Section 57-28-3. 4617
(21) (a) On or before April 15, 2007, and each succeeding 4618
month thereafter through June 15, 2013, One Hundred Fifty Thousand 4619
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Dollars ($150,000.00) of the sales tax revenue collected during 4620
the preceding month under the provisions of this chapter shall be 4621
deposited into the MMEIA Tax Incentive Fund created in Section 4622
57-101-3. 4623
(b) On or before July 15, 2013, and each succeeding 4624
month thereafter, One Hundred Fifty Thousand Dollars ($150,000.00) 4625
of the sales tax revenue collected during the preceding month 4626
under the provisions of this chapter shall be deposited into the 4627
Mississippi Development Authority Job Training Grant Fund created 4628
in Section 57-1-451. 4629
(22) On or before June 1, 2024, and each succeeding month 4630
thereafter until December 31, 2057, an amount determined annually 4631
by the Mississippi Development Authority of the sales tax revenue 4632
collected during the preceding month under the provisions of this 4633
chapter shall be deposited into the MMEIA Tax Incentive Fund 4634
created in Section 57-125-3. This amount shall be based on 4635
estimated payments due within the upcoming year to construction 4636
contractors pursuant to construction contracts subject to the tax 4637
imposed by Section 27-65-21 for construction to be performed on 4638
the project site of a project defined under Section 4639
57-75-5(f)(xxxiii) for the coming year. 4640
(23) Notwithstanding any other provision of this section to 4641
the contrary, on or before August 15, 2009, and each succeeding 4642
month thereafter, the sales tax revenue collected during the 4643
preceding month under the provisions of Section 27-65-201 shall be 4644
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deposited, without diversion, into the Motor Vehicle Ad Valorem 4645
Tax Reduction Fund established in Section 27-51-105. 4646
(24) (a) On or before August 15, 2019, and each month 4647
thereafter through July 15, 2020, one percent (1%) of the total 4648
sales tax revenue collected during the preceding month from 4649
restaurants and hotels shall be allocated for distribution to the 4650
Mississippi Development Authority Tourism Advertising Fund 4651
established under Section 57-1-64, to be used exclusively for the 4652
purpose stated therein. On or before August 15, 2020, and each 4653
month thereafter through July 15, 2021, two percent (2%) of the 4654
total sales tax revenue collected during the preceding month from 4655
restaurants and hotels shall be allocated for distribution to the 4656
Mississippi Development Authority Tourism Advertising Fund 4657
established under Section 57-1-64, to be used exclusively for the 4658
purpose stated therein. On or before August 15, 2021, and each 4659
month thereafter, three percent (3%) of the total sales tax 4660
revenue collected during the preceding month from restaurants and 4661
hotels shall be allocated for distribution to the Mississippi 4662
Development Authority Tourism Advertising Fund established under 4663
Section 57-1-64, to be used exclusively for the purpose stated 4664
therein. The revenue diverted pursuant to this subsection shall 4665
not be available for expenditure until February 1, 2020. 4666
(b) The Joint Legislative Committee on Performance 4667
Evaluation and Expenditure Review (PEER) must provide an annual 4668
report to the Legislature indicating the amount of funds deposited 4669
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into the Mississippi Development Authority Tourism Advertising 4670
Fund established under Section 57-1-64, and a detailed record of 4671
how the funds are spent. 4672
(25) The remainder of the amounts collected under the 4673
provisions of this chapter shall be paid into the State Treasury 4674
to the credit of the General Fund. 4675
(26) (a) It shall be the duty of the municipal officials of 4676
any municipality that expands its limits, or of any community that 4677
incorporates as a municipality, to notify the commissioner of that 4678
action thirty (30) days before the effective date. Failure to so 4679
notify the commissioner shall cause the municipality to forfeit 4680
the revenue that it would have been entitled to receive during 4681
this period of time when the commissioner had no knowledge of the 4682
action. 4683
(b) (i) Except as otherwise provided in subparagraph 4684
(ii) of this paragraph, if any funds have been erroneously 4685
disbursed to any municipality or any overpayment of tax is 4686
recovered by the taxpayer, the commissioner may make correction 4687
and adjust the error or overpayment with the municipality by 4688
withholding the necessary funds from any later payment to be made 4689
to the municipality. 4690
(ii) Subject to the provisions of Sections 4691
27-65-51 and 27-65-53, if any funds have been erroneously 4692
disbursed to a municipality under subsection (1) of this section 4693
for a period of three (3) years or more, the maximum amount that 4694
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may be recovered or withheld from the municipality is the total 4695
amount of funds erroneously disbursed for a period of three (3) 4696
years beginning with the date of the first erroneous disbursement. 4697
However, if during such period, a municipality provides written 4698
notice to the Department of Revenue indicating the erroneous 4699
disbursement of funds, then the maximum amount that may be 4700
recovered or withheld from the municipality is the total amount of 4701
funds erroneously disbursed for a period of one (1) year beginning 4702
with the date of the first erroneous disbursement. 4703
SECTION 42. Section 1-3-26, Mississippi Code of 1972, is 4704
brought forward as follows: 4705
1-3-26. Wherever the phrase "minimum education program," 4706
"minimum program," "minimum foundation program," "Mississippi 4707
Adequate Education Program," "adequate education program," or 4708
"MAEP" shall appear in the laws of this state, it shall be 4709
construed to mean the "total funding formula" created under 4710
Chapter 151, Title 37, Mississippi Code of 1972. 4711
SECTION 43. Section 25-4-29, Mississippi Code of 1972, is 4712
brought forward as follows: 4713
25-4-29. (1) Required statements hereunder shall be filed 4714
as follows: 4715
(a) Every incumbent public official required by 4716
paragraphs (a), (b), (d) and (e) of Section 25-4-25 to file a 4717
statement of economic interest shall file such statement with the 4718
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commission on or before May 1 of each year that such official 4719
holds office, regardless of duration; 4720
(b) Candidates for office required to file a statement 4721
hereunder shall file such statement within fifteen (15) days after 4722
the deadline for qualification for that public office; 4723
(c) Persons who are required to file a statement 4724
because of appointment to fill a vacancy in an office or required 4725
to file under Section 25-4-25(d) and (e) shall file such statement 4726
within thirty (30) days of their appointment; 4727
(d) No person by reason of successful candidacy or 4728
assuming additional offices shall be required to file more than 4729
one (1) statement of economic interest in any calendar year, 4730
except such official shall notify the commission as soon as 4731
practicable of additional offices not previously reported; and 4732
(e) The commission may, on an individual case basis, 4733
provide for additional time to file a statement upon a showing 4734
that compliance with a filing date set out under paragraph (a), 4735
(b), (c) or (d) above would work an unreasonable hardship. 4736
(2) Any person who fails to file a statement of economic 4737
interest within thirty (30) days of the date the statement is due 4738
shall be deemed delinquent by the commission. The commission 4739
shall give written notice of the delinquency to the person by 4740
United States mail or by personal service of process. If within 4741
fifteen (15) days of receiving written notice of delinquency the 4742
delinquent filer has not filed the statement of economic interest, 4743
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a fine of Fifty Dollars ($50.00) per day, not to exceed a total 4744
fine of One Thousand Dollars ($1,000.00), shall be assessed 4745
against the delinquent filer for each day thereafter in which the 4746
statement of economic interest is not properly filed. The 4747
commission shall enroll such assessment as a civil judgment with 4748
the circuit clerk in the delinquent filer's county of residence. 4749
The commission may enforce the judgment for the benefit of the 4750
State General Fund for the support of the total funding formula 4751
fund provided for in Sections 37-151-200 through 37-151-215 in the 4752
same manner as is prescribed for other civil judgments. 4753
SECTION 44. Section 27-25-706, Mississippi Code of 1972, is 4754
brought forward as follows: 4755
27-25-706. The board of supervisors of any county in the 4756
State of Mississippi bordering on the Pearl River and having a 4757
population according to the 1970 census of not less than forty 4758
thousand (40,000) and not more than fifty thousand (50,000), and 4759
through which Interstate Highway 20 runs, and wherein there is 4760
being constructed or has been constructed a plant for the 4761
extracting of sulphur from natural gas, and the board of 4762
supervisors of any county in the State of Mississippi bordering on 4763
the Pearl River and having a population according to the 1970 4764
census of not less than nineteen thousand (19,000) and not more 4765
than twenty-one thousand (21,000) and wherein U.S. Highway 49 and 4766
Mississippi Highway 28 intersect and wherein there is being 4767
constructed or has been constructed a plant for the extracting of 4768
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sulphur from natural gas, are hereby authorized and empowered, in 4769
their discretion, to pledge all or any part of the county's share 4770
of the severance tax on gas extracted, handled or processed 4771
through such extraction plant, as additional security for the 4772
payment of bonds issued for the purpose of constructing, 4773
reconstructing, overlaying and/or repairing, an access road or 4774
roads or publicly owned railroads to and from such sulphur 4775
extraction plant. The amount so pledged for the payment of the 4776
principal of and the interest on such bonds shall be deducted and 4777
set aside by such board of supervisors prior to the distribution 4778
of such severance taxes in the manner provided by law, and only 4779
the amount of such severance taxes remaining after such deduction 4780
shall be subject to such distribution. The board of supervisors 4781
in such counties may pledge only up to fifty percent (50%) of such 4782
severance taxes as their respective county may receive to retire 4783
the bonds and interest pursuant to the authority of this section. 4784
The required local contribution of said counties to the cost of 4785
the total funding formula provided for in Sections 37-151-200 4786
through 37-151-215 shall not be reduced nor shall the obligation 4787
of the state under the total funding formula to said counties be 4788
increased because of this section. 4789
Such bonds shall be issued under the provisions of Sections 4790
19-9-1 through 19-9-19. 4791
SECTION 45. Section 27-33-3, Mississippi Code of 1972, is 4792
brought forward as follows: 4793
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27-33-3. In order to recognize and give effect to the 4794
principle of tax-free homes as a public policy in Mississippi, to 4795
encourage home building and ownership, and to give additional 4796
security to family groups, it is hereby declared that homes 4797
legally assessed on the land roll, owned and actually occupied as 4798
a home by bona fide residents of this state, who are heads of 4799
families, shall be exempt from the ad valorem taxes herein 4800
enumerated, on not in excess of Seven Thousand Five Hundred 4801
Dollars ($7,500.00) of the assessed value including an area of 4802
land not in excess of that specified hereinafter in this article. 4803
The exemption from taxes shall be limited to the following: 4804
(a) All homeowners who are heads of families and who 4805
qualify under the provisions of this article shall be exempt from 4806
taxes levied in 1983 and payable in 1984 and from taxes levied in 4807
1984 and payable in 1985 as follows: 4808
(i) The ad valorem taxes levied by counties 4809
pursuant to Section 27-39-329. Amounts so exempted shall not be 4810
reimbursed by the state. 4811
(ii) Ad valorem taxes levied for maintenance and 4812
current expenses by or for a county as authorized by Section 4813
27-39-303, but the levy for such purpose in any year for which 4814
reimbursement is to be made shall not exceed the millage levied 4815
for such purpose for the 1984 fiscal year; or a levy for county 4816
roads or a road district as authorized by Section 27-39-305; or a 4817
levy for constructing and maintaining all bridges and culverts as 4818
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authorized by Section 65-15-7, but the levy for either or both of 4819
such purposes for which reimbursement is to be made shall not in 4820
any event exceed seven (7) mills in any year; the levy for the 4821
support of the total funding formula fund to produce the minimum 4822
local ad valorem tax effort required of a school district by 4823
Section 37-57-1, and the supplementary school district tax levy 4824
for the support and maintenance of schools as authorized by 4825
Section 37-57-105; provided, however, that the total of the levies 4826
made under said Sections 37-57-1 and 37-57-105, which shall be 4827
exempt under this article, shall be limited to twenty (20) mills 4828
for any affected property area, and in the event the total of such 4829
levies should exceed twenty (20) mills for any affected property 4830
area, the excess shall not be exempt under this article, and in 4831
such case, the levy for the support of the total funding formula 4832
shall have priority as an exempt levy; 4833
(iii) Ad valorem taxes levied for the support and 4834
maintenance of agricultural high schools within the limits and as 4835
authorized by Section 37-27-3, and ad valorem taxes levied for the 4836
support of community or junior colleges within the limits and as 4837
authorized by subsection (2) of Section 37-29-141; provided, 4838
however, that the exemption from taxation and reimbursement for 4839
tax loss for agricultural high schools and community or junior 4840
colleges, or any combination of same, shall not exceed three (3) 4841
mills in any one (1) year for any one (1) county; 4842
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(iv) Ad valorem taxes levied for the support of 4843
the total funding formula provided for in Sections 37-151-200 4844
through 37-151-215 in a municipal separate school district to 4845
produce the minimum local ad valorem tax effort required of such 4846
municipal separate school district as authorized by Section 4847
37-57-1, and the supplementary tax levy for the support and 4848
maintenance of the schools of a municipal separate school district 4849
as authorized by Section 37-57-105; provided, however, the total 4850
of the levies made under said Sections 37-57-1 and 37-57-105 which 4851
shall be exempt under this article shall be limited to fifteen 4852
(15) mills for any affected property area, except in those special 4853
municipal separate school districts as provided by Sections 4854
37-7-701 through 37-7-743, the total of the levies made under 4855
Sections 37-7-739 and 37-57-105 for such special municipal 4856
separate school district which shall be exempt under this article 4857
shall not exceed twenty (20) mills, and in the event the total of 4858
such levies should exceed fifteen (15) mills for any affected 4859
property area, or twenty (20) mills in the case of a special 4860
municipal separate school district, the excess shall not be exempt 4861
under this article, and, in such case, the levy for the support of 4862
the total funding formula in the municipal separate school 4863
district shall have priority as an exempt levy; 4864
(v) In the event any law referred to in this 4865
section is amended so as to authorize an increase in the tax levy 4866
for any purposes, such increase in the levy shall be applied to 4867
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and taxes collected from the property owners on the entire 4868
assessed value of exempted homes; and the tax loss resulting from 4869
such increase shall not be reimbursed under the provisions of the 4870
Homestead Exemption Law, unless such law clearly specifies that 4871
the exempted assessed value of homes is exempt from such increase; 4872
(vi) Ad valorem taxes levied under Sections 4873
65-15-7 and 65-15-21 shall be used solely for purposes levied. 4874
(b) Those homeowners who qualify for the exemptions 4875
provided for in subsection (a) of this section and who have 4876
reached the age of sixty-five (65) years on or before January 1 of 4877
the year for which the exemption is claimed; and 4878
service-connected, totally disabled American veterans who were 4879
honorably discharged from military service, upon presentation of 4880
proper proof of eligibility shall be exempt from any and all ad 4881
valorem taxes, including the forest acreage tax authorized by 4882
Section 49-19-115, on homesteads not in excess of Seven Thousand 4883
Five Hundred Dollars ($7,500.00) of assessed value thereof; 4884
provided, however, that property owned jointly by husband and wife 4885
and property owned in fee simple by either spouse shall be 4886
eligible for this exemption in full if either spouse fulfills the 4887
age or disability requirement. On all other jointly owned 4888
property the amount of the allowable exemption shall be determined 4889
on the basis of each individual joint owner's qualifications and 4890
pro rata share of the property. 4891
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(c) Those homeowners who qualify for the exemptions 4892
provided for in subsection (a) of this section and who would be 4893
classified as disabled under the Federal Social Security Act (42 4894
USCS Section 416(i)), upon presentation of proper proof of 4895
eligibility shall be exempt from any and all ad valorem taxes, 4896
including the forest acreage tax authorized by Section 49-19-115, 4897
on homesteads not in excess of Seven Thousand Five Hundred Dollars 4898
($7,500.00) of assessed value thereof; provided, however, that 4899
property owned jointly by husband and wife and property owned in 4900
fee simple by either spouse shall be eligible for this exemption 4901
in full if either spouse fulfills the disability requirement. On 4902
all other jointly owned property, the amount of the allowable 4903
exemption shall be determined on the basis of each individual 4904
joint owner's qualifications and pro rata share of the property. 4905
(d) Homeowners who qualify for exemption under 4906
subsection (c) of this section will not be included in the 4907
limitations of Section 27-33-59(e). 4908
Reimbursement by the State of Mississippi to the various 4909
taxing units for the tax losses incurred because of the additional 4910
exemptions provided for under these subsections shall be made in 4911
accordance with the procedures outlined in Section 27-33-41. 4912
This section shall not apply to claims for homestead 4913
exemptions filed in any calendar year subsequent to the 1984 4914
calendar year. 4915
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SECTION 46. Section 29-3-47, Mississippi Code of 1972, is 4916
brought forward as follows: 4917
29-3-47. For its services the State Forestry Commission 4918
shall be entitled to receive its actual expenses incurred in the 4919
discharge of the duties herein imposed. In order to provide funds 4920
with which to pay for the general supervision and sale of forest 4921
products, fifteen percent (15%) of all receipts from the sales of 4922
forest products shall be placed by the board in a Forestry Escrow 4923
Fund and reserved to pay for work performed by the State Forestry 4924
Commission. Such payments shall be equal to the actual expenses 4925
incurred by the commission as substantiated by itemized bills 4926
presented to the board. 4927
Money in the Forestry Escrow Fund may be used to pay for any 4928
forestry work authorized during the period of the agreement and 4929
shall not be subject to lapse by reason of county budget 4930
limitations. 4931
In each school district having need of tree planting and 4932
timber stand improvement, the board of education is authorized to 4933
place additional amounts in the Forestry Escrow Fund to reimburse 4934
the State Forestry Commission for actual expenses incurred in 4935
performing this work, or to pay for any work done under private 4936
contract under the supervision of said commission. Such 4937
additional amounts may be made available from forest products 4938
sales receipts, funds borrowed from the sixteenth section 4939
principal fund as is provided for in Section 29-3-113, or any 4940
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other funds available to the board of education excluding total 4941
funding formula funds. Expenditures from the Forestry Escrow Fund 4942
for tree planting, timber stand improvement, and other forestry 4943
work will be limited to payment for work recommended by the 4944
Forestry Commission and agreed to by the board of education. 4945
When it becomes evident that the amount of money in the 4946
Forestry Escrow Fund is in excess of the amount necessary to 4947
accomplish the work needed to achieve the goals set by the board 4948
of education and the Forestry Commission, the State Forestry 4949
Commission shall advise said board to release any part of such 4950
funds as will not be needed, which may then be spent for any 4951
purpose authorized by law. 4952
SECTION 47. Section 29-3-49, Mississippi Code of 1972, is 4953
brought forward as follows: 4954
29-3-49. It shall be the duty of the State Forestry 4955
Commission, in the manner provided in Section 29-3-45, to enter 4956
into agreements for timber improvement purposes with the board of 4957
education upon the request of the board. The contract shall 4958
provide for the carrying out of a long-term program of timber 4959
improvement, including any or all of the following: The deadening 4960
of undesirable hardwoods, the planting of trees, the cutting and 4961
maintaining of fire lanes, and the establishment of marked 4962
boundaries on all lands classified as forest lands in the 4963
agreements, which provide for the reimbursement of all current 4964
costs incurred by the State Forestry Commission and the carrying 4965
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out of the duties required by such agreements. In the 4966
alternative, the commission, in its discretion, may have the 4967
option to contract with a private contractor, subject to the 4968
approval of the board, to perform this work under the supervision 4969
of the commission. Payment of the reimbursements as hereinabove 4970
set forth to the Forestry Commission, or of compensation due under 4971
any such contract with private contractors shall be made upon 4972
presentation of itemized bills by the commission or the private 4973
contractors, as the case may be, and may be made out of any 4974
sixteenth section funds to the credit of, or accruing to, any 4975
school district in which such work shall be done, or out of any 4976
other funds available to such district, excluding total funding 4977
formula funds. 4978
SECTION 48. Section 29-3-113, Mississippi Code of 1972, is 4979
brought forward as follows: 4980
29-3-113. The principal fund shall be a permanent township 4981
fund which shall consist of funds heretofore or hereafter derived 4982
from certain uses or for certain resources of school trust lands 4983
which shall be invested and, except as otherwise provided in this 4984
section, only the interest and income derived from such funds 4985
shall be expendable by the school district. 4986
The principal fund shall consist of: 4987
(a) Funds received for easements and rights-of-way 4988
pursuant to Section 29-3-91; 4989
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(b) Funds received for sales of lieu land pursuant to 4990
Sections 29-3-15 through 29-3-25; 4991
(c) Funds received from any permanent damage to the 4992
school trust land; 4993
(d) Funds received from the sale of nonrenewable 4994
resources, including, but not limited to, the sale of sand, 4995
gravel, dirt, clays and royalties received from the sale of 4996
mineral ores, coal, oil and gas; 4997
(e) Funds received from the sale of buildings pursuant 4998
to Section 29-3-77; 4999
(f) Funds received from the sale of timber; and 5000
(g) Funds received pursuant to Section 29-3-23(2). 5001
It shall be the duty of the Board of Education to keep the 5002
principal fund invested in any direct obligation issued by or 5003
guaranteed in full as to principal and interest by the United 5004
States of America or in certificates of deposit issued by a 5005
qualified depository of the State of Mississippi as approved by 5006
the State Treasurer. The certificates of deposit may bear 5007
interest at any rate per annum which may be mutually agreed upon 5008
but in no case shall said rate be less than that paid on passbook 5009
savings. 5010
The Board of Education is authorized to invest the funds in 5011
interest bearing deposits or other obligations of the types 5012
described in Section 27-105-33 or in any other type investment in 5013
which any other political subdivision of the State of Mississippi 5014
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may invest, except that one hundred percent (100%) of the funds 5015
are authorized to be invested. For the purposes of investment, 5016
the principal fund of each township may be combined into one or 5017
more district accounts; however, the docket book of the county 5018
superintendent shall at all times reflect the proper source of 5019
such funds. Provided that funds received from the sale of timber 5020
shall be placed in a separate principal fund account, and may be 5021
expended for any of the purposes authorized by law. 5022
The Board of Education shall have authority to borrow such 5023
funds at a rate of interest not less than four percent (4%) per 5024
annum and for a term not exceeding twenty (20) years, for the 5025
erection, equipment or repair of said district schools, to provide 5026
local funds for any building project approved by the State Board 5027
of Education or to provide additional funds for forest stand 5028
improvement as set forth in Section 29-3-47. In addition, the 5029
board may borrow the funds under the same interest restrictions 5030
for a term not exceeding ten (10) years to provide funds for the 5031
purchase of school buses. The Board of Education of any school 5032
district in any county that has an aggregate amount of assets in 5033
its principal fund in excess of Five Million Dollars 5034
($5,000,000.00) may deduct an amount not to exceed Five Hundred 5035
Thousand Dollars ($500,000.00) for the purpose of covering the 5036
cost of asbestos removal from school district buildings. Such 5037
asbestos removal shall be construed to constitute the repair of 5038
school district facilities as prescribed in Section 29-3-115. 5039
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No school land trust funds may be expended after the annual 5040
payment date until the payment is made on such loan. Once a 5041
district is current on its loan payments, the district may spend 5042
expendable trust funds earned or accumulated in previous years for 5043
any purpose for which expendable trust funds may be spent. The 5044
annual payment can be made from any funds available to the school 5045
district except total funding formula funds. 5046
It shall be unlawful for the Board of Education to borrow any 5047
sixteenth section school funds in any other manner than that 5048
prescribed herein, and if any such funds shall be borrowed or 5049
invested in any other manner, any officer concerned in making such 5050
loan and investment or suffering the same to be made in violation 5051
of the provisions of this section shall be liable personally and 5052
on his official bond for the safety of the funds so loaned. 5053
SECTION 49. Section 29-3-137, Mississippi Code of 1972, is 5054
brought forward as follows: 5055
29-3-137. (1) Beginning with the 1985-1986 fiscal year the 5056
Legislature of the State of Mississippi shall appropriate to the 5057
State Department of Education a sum of One Million Dollars 5058
($1,000,000.00) to be disbursed to the Chickasaw counties, and an 5059
additional One Million Dollars ($1,000,000.00) each succeeding 5060
fiscal year thereafter until a maximum appropriation of Five 5061
Million Dollars ($5,000,000.00) is made for the fiscal year 5062
1989-1990. Beginning with the appropriation for the 1990-1991 5063
fiscal year, the amount appropriated under the provisions of this 5064
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section shall not exceed the total average annual expendable 5065
revenue received by the Choctaw counties from school lands, or 5066
Five Million Dollars ($5,000,000.00), whichever is the lesser. 5067
(2) The State Department of Education is hereby authorized, 5068
empowered and directed to allocate for distribution such funds 5069
appropriated each year under subsection (1) of this section in 5070
proportion to the amount of funding allotted under the total 5071
funding formula provided for in Sections 37-151-200 through 5072
37-151-215, to such school districts affected by the sale of 5073
Chickasaw cession school lands. School districts not wholly 5074
situated in Chickasaw cession affected territory shall receive a 5075
prorated amount of such allocation based on the percentage of such 5076
lands located within the district. Provided further, that the 5077
State Department of Education shall, in addition, deduct from each 5078
affected school district's allocation the amount such district 5079
shall receive from interest payments from the Chickasaw School 5080
Fund under Section 212, Mississippi Constitution of 1890 for each 5081
fiscal year. The department shall document the foregoing 5082
computation in its annual budget request for the appropriation to 5083
the Chickasaw School Fund, and shall revise its budget request 5084
under such formula as the average annual revenues from sixteenth 5085
section school lands fluctuate. 5086
(3) [Repealed] 5087
SECTION 50. Section 31-7-9, Mississippi Code of 1972, is 5088
brought forward as follows: 5089
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31-7-9. (1) (a) The Office of Purchasing, Travel and Fleet 5090
Management shall adopt purchasing regulations governing the 5091
purchase by any agency of any commodity or commodities and 5092
establishing standards and specifications for a commodity or 5093
commodities and the maximum fair prices of a commodity or 5094
commodities, subject to the approval of the Public Procurement 5095
Review Board. It shall have the power to amend, add to or 5096
eliminate purchasing regulations. The adoption of, amendment, 5097
addition to or elimination of purchasing regulations shall be 5098
based upon a determination by the Office of Purchasing, Travel and 5099
Fleet Management with the approval of the Public Procurement 5100
Review Board, that such action is reasonable and practicable and 5101
advantageous to promote efficiency and economy in the purchase of 5102
commodities by the agencies of the state. Upon the adoption of 5103
any purchasing regulation, or an amendment, addition or 5104
elimination therein, copies of same shall be furnished to the 5105
State Auditor and to all agencies affected thereby. Thereafter, 5106
and except as otherwise may be provided in subsection (2) of this 5107
section, no agency of the state shall purchase any commodities 5108
covered by existing purchasing regulations unless such commodities 5109
be in conformity with the standards and specifications set forth 5110
in the purchasing regulations and unless the price thereof does 5111
not exceed the maximum fair price established by such purchasing 5112
regulations. The Office of Purchasing, Travel and Fleet 5113
Management shall furnish to any county or municipality or other 5114
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local public agency of the state requesting same, copies of 5115
purchasing regulations adopted by the Office of Purchasing, Travel 5116
and Fleet Management and any amendments, changes or eliminations 5117
of same that may be made from time to time. 5118
(b) The Office of Purchasing, Travel and Fleet 5119
Management may adopt purchasing regulations governing the use of 5120
credit cards, procurement cards and purchasing club membership 5121
cards to be used by state agencies, governing authorities of 5122
counties and municipalities, school districts and the Chickasawhay 5123
Natural Gas District. Use of the cards shall be in strict 5124
compliance with the regulations promulgated by the office. Any 5125
amounts due on the cards shall incur interest charges as set forth 5126
in Section 31-7-305 and shall not be considered debt. 5127
(c) Pursuant to the provision of Section 37-61-33(2), 5128
the Office of Purchasing, Travel and Fleet Management of the 5129
Department of Finance and Administration is authorized to issue 5130
procurement cards or credentials for a digital solution to all 5131
public school district classroom teachers, charter school 5132
teachers, full- or part-time gifted or special education teachers 5133
and other necessary direct support personnel at the beginning of 5134
the school year, but no later than August 1 of each year, for the 5135
purchase of instructional supplies using Educational Enhancement 5136
Funds. The cards will be issued in equal amounts per teacher 5137
determined by the total number of qualifying personnel and the 5138
then current state appropriation for classroom instructional 5139
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supplies under the Education Enhancement Fund. All purchases 5140
shall be in accordance with state law and teachers are responsible 5141
for verification of capital asset requirements when pooling monies 5142
to purchase equipment. The cards will expire on a predetermined 5143
date at the end of each school year, but not before April 1 of 5144
each year. All unexpended amounts will be carried forward, to be 5145
combined with the following year's instructional supply fund 5146
allocation, and reallocated for the following year. The 5147
Department of Finance and Administration is authorized to loan any 5148
start-up funds at the beginning of the school year to fund this 5149
procurement system for instructional supplies with loan repayment 5150
being made from sales tax receipts earmarked for the Education 5151
Enhancement Fund. 5152
(d) In a sale of goods or services, the seller shall 5153
not impose a surcharge on a buyer who uses a state-issued credit 5154
card, procurement card, travel card, or fuel card. The Department 5155
of Finance and Administration shall have exclusive jurisdiction to 5156
enforce and adopt rules relating to this paragraph. Any rules 5157
adopted under this paragraph shall be consistent with federal laws 5158
and regulations governing credit card transactions described by 5159
this paragraph. This paragraph does not create a cause of action 5160
against an individual for a violation of this paragraph. 5161
(2) The Office of Purchasing, Travel and Fleet Management 5162
shall adopt, subject to the approval of the Public Procurement 5163
Review Board, purchasing regulations governing the purchase of 5164
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unmarked vehicles to be used by the Bureau of Narcotics and 5165
Department of Public Safety in official investigations pursuant to 5166
Section 25-1-87. Such regulations shall ensure that purchases of 5167
such vehicles shall be at a fair price and shall take into 5168
consideration the peculiar needs of the Bureau of Narcotics and 5169
Department of Public Safety in undercover operations. 5170
(3) The Office of Purchasing, Travel and Fleet Management 5171
shall adopt, subject to the approval of the Public Procurement 5172
Review Board, regulations governing the certification process for 5173
certified purchasing offices, including the Mississippi Purchasing 5174
Certification Program, which shall be required of all purchasing 5175
agents at state agencies. Such regulations shall require entities 5176
desiring to be classified as certified purchasing offices to 5177
submit applications and applicable documents on an annual basis, 5178
and in the case of a state agency purchasing office, to have one 5179
hundred percent (100%) participation and completion by purchasing 5180
agents in the Mississippi Purchasing Certification Program, at 5181
which time the Office of Purchasing, Travel and Fleet Management 5182
may provide the governing entity with a certification valid for 5183
one (1) year from the date of issuance. The Office of Purchasing, 5184
Travel and Fleet Management shall set a fee in an amount that 5185
recovers its costs to administer the Mississippi Purchasing 5186
Certification Program, which shall be assessed to the 5187
participating state agencies. 5188
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(4) The Office of Purchasing, Travel and Fleet Management 5189
shall adopt purchasing regulations authorizing rural water 5190
associations to purchase at the state contract price afforded to 5191
agencies and governing authorities under this chapter. 5192
SECTION 51. Section 31-7-10, Mississippi Code of 1972, is 5193
brought forward as follows: 5194
31-7-10. (1) For the purposes of this section, the term 5195
"equipment" shall mean equipment, furniture, and if applicable, 5196
associated software and other applicable direct costs associated 5197
with the acquisition. In addition to its other powers and duties, 5198
the Department of Finance and Administration shall have the 5199
authority to develop a master lease-purchase program and, pursuant 5200
to that program, shall have the authority to execute on behalf of 5201
the state master lease-purchase agreements for equipment to be 5202
used by an agency, as provided in this section. Each agency 5203
electing to acquire equipment by a lease-purchase agreement shall 5204
participate in the Department of Finance and Administration's 5205
master lease-purchase program, unless the Department of Finance 5206
and Administration makes a determination that such equipment 5207
cannot be obtained under the program or unless the equipment can 5208
be obtained elsewhere at an overall cost lower than that for which 5209
the equipment can be obtained under the program. Such 5210
lease-purchase agreements may include the refinancing or 5211
consolidation, or both, of any state agency lease-purchase 5212
agreements entered into after June 30, 1990. 5213
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(2) All funds designated by agencies for procurement of 5214
equipment and financing thereof under the master lease-purchase 5215
program shall be paid into a special fund created in the State 5216
Treasury known as the "Master Lease-Purchase Program Fund," which 5217
shall be used by the Department of Finance and Administration for 5218
payment to the lessors for equipment acquired under master 5219
lease-purchase agreements. 5220
(3) Upon final approval of an appropriation bill, each 5221
agency shall submit to the Public Procurement Review Board a 5222
schedule of proposed equipment acquisitions for the master 5223
lease-purchase program. Upon approval of an equipment schedule by 5224
the Public Procurement Review Board with the advice of the 5225
Department of Information Technology Services, the Office of 5226
Purchasing, Travel and Fleet Management, and the Division of 5227
Energy and Transportation of the Mississippi Development Authority 5228
as it pertains to energy efficient climate control systems, the 5229
Public Procurement Review Board shall forward a copy of the 5230
equipment schedule to the Department of Finance and 5231
Administration. 5232
(4) The level of lease-purchase debt recommended by the 5233
Department of Finance and Administration shall be subject to 5234
approval by the State Bond Commission. After such approval, the 5235
Department of Finance and Administration shall be authorized to 5236
advertise and solicit written competitive proposals for a lessor, 5237
who will purchase the equipment pursuant to bid awards made by the 5238
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using agency under a given category and then transfer the 5239
equipment to the Department of Finance and Administration as 5240
lessee, pursuant to a master lease-purchase agreement. 5241
The Department of Finance and Administration shall select the 5242
successful proposer for the financing of equipment under the 5243
master lease-purchase program with the approval of the State Bond 5244
Commission. 5245
(5) Each master lease-purchase agreement, and any subsequent 5246
amendments, shall include such terms and conditions as the State 5247
Bond Commission shall determine to be appropriate and in the 5248
public interest, and may include any covenants deemed necessary or 5249
desirable to protect the interests of the lessor, including, but 5250
not limited to, provisions setting forth the interest rate (or 5251
method for computing interest rates) for financing pursuant to 5252
such agreement, covenants concerning application of payments and 5253
funds held in the Master Lease-Purchase Program Fund, covenants to 5254
maintain casualty insurance with respect to equipment subject to 5255
the master lease-purchase agreement (and all state agencies are 5256
specifically authorized to purchase any insurance required by a 5257
master lease-purchase agreement) and covenants precluding or 5258
limiting the right of the lessee or user to acquire equipment 5259
within a specified time (not to exceed five (5) years) after 5260
cancellation on the basis of a failure to appropriate funds for 5261
payment of amounts due under a lease-purchase agreement covering 5262
comparable equipment. The State Bond Commission shall transmit 5263
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copies of each such master lease-purchase agreement and each such 5264
amendment to the Joint Legislative Budget Committee. To the 5265
extent provided in any master lease-purchase agreement, title to 5266
equipment leased pursuant thereto shall be deemed to be vested in 5267
the state or the user of the equipment (as specified in such 5268
master lease-purchase agreement), subject to default under or 5269
termination of such master lease-purchase agreement. 5270
A master lease-purchase agreement may provide for payment by 5271
the lessor to the lessee of the purchase price of the equipment to 5272
be acquired pursuant thereto prior to the date on which payment is 5273
due to the vendor for such equipment and that the lease payments 5274
by the lessee shall commence as though the equipment had been 5275
provided on the date of payment. If the lessee, or lessee's 5276
escrow agent, has sufficient funds for payment of equipment 5277
purchases prior to payment due date to vendor of equipment, such 5278
funds shall be held or utilized on an as-needed basis for payment 5279
of equipment purchases either by the State Treasurer (in which 5280
event the master lease-purchase agreement may include provisions 5281
concerning the holding of such funds, the creation of a security 5282
interest for the benefit of the lessor in such funds until 5283
disbursed and other appropriate provisions approved by the Bond 5284
Commission) or by a corporate trustee selected by the Department 5285
of Finance and Administration (in which event the Department of 5286
Finance and Administration shall have the authority to enter into 5287
an agreement with such a corporate trustee containing terms and 5288
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conditions approved by the Bond Commission). Earnings on any 5289
amount paid by the lessor prior to the acquisition of the 5290
equipment may be used to make lease payments under the master 5291
lease-purchase agreement or applied to pay costs and expenses 5292
incurred in connection with such lease-purchase agreement. In 5293
such event, the equipment-use agreements with the user agency may 5294
provide for lease payments to commence upon the date of payment by 5295
the lessor and may also provide for a credit against such payments 5296
to the extent that investment receipts from investment of the 5297
purchase price are to be used to make lease-purchase payments. 5298
(6) The annual rate of interest paid under any 5299
lease-purchase agreement authorized under this section shall not 5300
exceed the maximum interest rate to maturity on general obligation 5301
indebtedness permitted under Section 75-17-101. 5302
(7) The Department of Finance and Administration shall 5303
furnish the equipment to the various agencies, also known as the 5304
user, pursuant to an equipment-use agreement developed by the 5305
Department of Finance and Administration. Such agreements shall 5306
require that all monthly payments due from such agency be paid, 5307
transferred or allocated into the Master Lease-Purchase Program 5308
Fund pursuant to a schedule established by the Department of 5309
Finance and Administration. In the event such sums are not paid 5310
by the defined payment period, the Executive Director of the 5311
Department of Finance and Administration shall issue a requisition 5312
for a warrant to draw such amount as may be due from any funds 5313
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appropriated for the use of the agency which has failed to make 5314
the payment as agreed. 5315
(8) All master lease-purchase agreements executed under the 5316
authority of this section shall contain the following annual 5317
allocation dependency clause or an annual allocation dependency 5318
clause which is substantially equivalent thereto: "The 5319
continuation of each equipment schedule to this agreement is 5320
contingent in whole or in part upon the appropriation of funds by 5321
the Legislature to make the lease-purchase payments required under 5322
such equipment schedule. If the Legislature fails to appropriate 5323
sufficient funds to provide for the continuation of the 5324
lease-purchase payments under any such equipment schedule, then 5325
the obligations of the lessee and of the agency to make such 5326
lease-purchase payments and the corresponding provisions of any 5327
such equipment schedule to this agreement shall terminate on the 5328
last day of the fiscal year for which appropriations were made." 5329
(9) The maximum lease term for any equipment acquired under 5330
the master lease-purchase program shall not exceed the useful life 5331
of such equipment as determined according to the upper limit of 5332
the asset depreciation range (ADR) guidelines for the Class Life 5333
Asset Depreciation Range System established by the Internal 5334
Revenue Service pursuant to the United States Internal Revenue 5335
Code and Regulations thereunder as in effect on December 31, 1980, 5336
or comparable depreciation guidelines with respect to any 5337
equipment not covered by ADR guidelines. The Department of 5338
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Finance and Administration shall be deemed to have met the 5339
requirements of this subsection if the term of a master 5340
lease-purchase agreement does not exceed the weighted average 5341
useful life of all equipment covered by such agreement and the 5342
schedules thereto as determined by the Department of Finance and 5343
Administration. For purposes of this subsection, the "term of a 5344
master lease-purchase agreement" shall be the weighted average 5345
maturity of all principal payments to be made under such master 5346
lease-purchase agreement and all schedules thereto. 5347
(10) Interest paid on any master lease-purchase agreement 5348
under this section shall be exempt from State of Mississippi 5349
income taxation. All equipment, and the purchase thereof by any 5350
lessor, acquired under the master lease-purchase program and all 5351
lease-purchase payments with respect thereto shall be exempt from 5352
all Mississippi sales, use and ad valorem taxes. 5353
(11) The Governor, in his annual executive budget to the 5354
Legislature, shall recommend appropriations sufficient to provide 5355
funds to pay all amounts due and payable during the applicable 5356
fiscal year under master lease-purchase agreements entered into 5357
pursuant to this section. 5358
(12) Any master lease-purchase agreement reciting in 5359
substance that such agreement has been entered into pursuant to 5360
this section shall be conclusively deemed to have been entered 5361
into in accordance with all of the provisions and conditions set 5362
forth in this section. Any defect or irregularity arising with 5363
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respect to procedures applicable to the acquisition of any 5364
equipment shall not invalidate or otherwise limit the obligation 5365
of the Department of Finance and Administration, or the state or 5366
any agency of the state, under any master lease-purchase agreement 5367
or any equipment-use agreement. 5368
(13) There shall be maintained by the Department of Finance 5369
and Administration, with respect to each master lease-purchase 5370
agreement, an itemized statement of the cash price, interest 5371
rates, interest costs, commissions, debt service schedules and all 5372
other costs and expenses paid by the state incident to the 5373
lease-purchase of equipment under such agreement. 5374
(14) Lease-purchase agreements entered into by the Board of 5375
Trustees of State Institutions of Higher Learning pursuant to the 5376
authority of Section 37-101-413 or by any other agency which has 5377
specific statutory authority other than pursuant to Section 5378
31-7-13(e) to acquire equipment by lease-purchase shall not be 5379
made pursuant to the master lease-purchase program under this 5380
section, unless the Board of Trustees of State Institutions of 5381
Higher Learning or such other agency elects to participate as to 5382
part or all of its lease-purchase acquisitions in the master 5383
lease-purchase program pursuant to this section. 5384
(15) The Department of Finance and Administration may 5385
develop a master lease-purchase program for school districts and, 5386
pursuant to that program, may execute on behalf of the school 5387
districts master lease-purchase agreements for equipment to be 5388
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used by the school districts. The form and structure of this 5389
program shall be substantially the same as set forth in this 5390
section for the master lease-purchase program for state agencies. 5391
If sums due from a school district under the master lease-purchase 5392
program are not paid by the expiration of the defined payment 5393
period, the Executive Director of the Department of Finance and 5394
Administration may withhold such amount that is due from the 5395
school district's allotments of the total funding formula funds as 5396
determined by Sections 37-151-200 through 37-151-215. 5397
(16) The Department of Finance and Administration may 5398
develop a master lease-purchase program for community and junior 5399
college districts and, pursuant to that program, may execute on 5400
behalf of the community and junior college districts master 5401
lease-purchase agreements for equipment to be used by the 5402
community and junior college districts. The form and structure of 5403
this program must be substantially the same as set forth in this 5404
section for the master lease-purchase program for state agencies. 5405
If sums due from a community or junior college district under the 5406
master lease-purchase program are not paid by the expiration of 5407
the defined payment period, the Executive Director of the 5408
Department of Finance and Administration may withhold an amount 5409
equal to the amount due under the program from any funds allocated 5410
for that community or junior college district in the state 5411
appropriations for the use and support of the community and junior 5412
colleges. 5413
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(17) From and after July 1, 2016, the expenses of this 5414
agency shall be defrayed by appropriation from the State General 5415
Fund and all user charges and fees authorized under this section 5416
shall be deposited into the State General Fund as authorized by 5417
law. 5418
(18) From and after July 1, 2016, no state agency shall 5419
charge another state agency a fee, assessment, rent or other 5420
charge for services or resources received by authority of this 5421
section. 5422
SECTION 52. Section 37-1-3, Mississippi Code of 1972, is 5423
brought forward as follows: 5424
37-1-3. (1) The State Board of Education shall adopt rules 5425
and regulations and set standards and policies for the 5426
organization, operation, management, planning, budgeting and 5427
programs of the State Department of Education. 5428
(a) The board is directed to identify all functions of 5429
the department that contribute to or comprise a part of the state 5430
system of educational accountability and to establish and maintain 5431
within the department the necessary organizational structure, 5432
policies and procedures for effectively coordinating such 5433
functions. Such policies and procedures shall clearly fix and 5434
delineate responsibilities for various aspects of the system and 5435
for overall coordination of the total system and its effective 5436
management. 5437
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(b) The board shall establish and maintain a 5438
system-wide plan of performance, policy and directions of public 5439
education not otherwise provided for. 5440
(c) The board shall effectively use the personnel and 5441
resources of the department to enhance technical assistance to 5442
school districts in instruction and management therein. 5443
(d) The board shall establish and maintain a central 5444
budget policy. 5445
(e) The board shall establish and maintain within the 5446
State Department of Education a central management capacity under 5447
the direction of the State Superintendent of Public Education. 5448
(f) The board, with recommendations from the 5449
superintendent, shall design and maintain a five-year plan and 5450
program for educational improvement that shall set forth 5451
objectives for system performance and development and be the basis 5452
for budget requests and legislative initiatives. 5453
(2) (a) The State Board of Education shall adopt and 5454
maintain a curriculum and a course of study to be used in the 5455
public school districts that is designed to prepare the state's 5456
children and youth to be productive, informed, creative citizens, 5457
workers and leaders, and it shall regulate all matters arising in 5458
the practical administration of the school system not otherwise 5459
provided for. 5460
(b) Before the 1999-2000 school year, the State Board 5461
of Education shall develop personal living and finances objectives 5462
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that focus on money management skills for individuals and families 5463
for appropriate, existing courses at the secondary level. The 5464
objectives must require the teaching of those skills necessary to 5465
handle personal business and finances and must include instruction 5466
in the following: 5467
(i) Opening a bank account and assessing the 5468
quality of a bank's services; 5469
(ii) Balancing a checkbook; 5470
(iii) Managing debt, including retail and credit 5471
card debt; 5472
(iv) Completing a loan application; 5473
(v) The implications of an inheritance; 5474
(vi) The basics of personal insurance policies; 5475
(vii) Consumer rights and responsibilities; 5476
(viii) Dealing with salesmen and merchants; 5477
(ix) Computing state and federal income taxes; 5478
(x) Local tax assessments; 5479
(xi) Computing interest rates by various 5480
mechanisms; 5481
(xii) Understanding simple contracts; and 5482
(xiii) Contesting an incorrect billing statement. 5483
(3) The State Board of Education shall have authority to 5484
expend any available federal funds, or any other funds expressly 5485
designated, to pay training, educational expenses, salary 5486
incentives and salary supplements to licensed teachers employed in 5487
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local school districts or schools administered by the State Board 5488
of Education. Such incentive payments shall not be considered 5489
part of a school district's local supplement, nor shall the 5490
incentives be considered part of the local supplement paid to an 5491
individual teacher for the purposes of Section 37-19-7(1). 5492
(4) The State Board of Education shall through its actions 5493
seek to implement the policies set forth in Section 37-1-2. 5494
SECTION 53. Section 37-3-11, Mississippi Code of 1972, is 5495
brought forward as follows: 5496
37-3-11. The State Superintendent of Public Education shall 5497
perform the duties assigned to him by the State Board of 5498
Education, and he shall have the following duties: 5499
(a) To serve as secretary for the State Board of 5500
Education; 5501
(b) To be the chief administrative officer of the State 5502
Department of Education; 5503
(c) To recommend to the State Board of Education, for 5504
its consideration, rules and regulations for the supervision of 5505
the public schools and agricultural high schools of the school 5506
districts throughout the state and for the efficient organization 5507
and conduct of the same; 5508
(d) To collect data and make it available to the state 5509
board for determining the proper distribution of the total funding 5510
formula funds; 5511
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(e) To keep a complete record of all official acts of 5512
the State Superintendent and the acts of the State Board of 5513
Education; 5514
(f) To prepare, have printed and furnish all officers 5515
charged with the administration of the laws pertaining to the 5516
public schools, such blank forms and books as may be necessary to 5517
the proper discharge of their duties, which printing is to be paid 5518
for out of funds provided by the Legislature; 5519
(g) To have printed in pamphlet form the laws 5520
pertaining to the public schools and publish therein forms for 5521
conducting school business, the rules and regulations for the 5522
government of schools that the State Superintendent or the State 5523
Board of Education may recommend, and such other matters as may be 5524
deemed worthy of public interest pertaining to the public schools, 5525
which printing is to be paid for out of funds provided by the 5526
Legislature; 5527
(h) To meet all superintendents annually at such time 5528
and place as the State Superintendent shall appoint for the 5529
purpose of accumulating facts relative to schools, to review the 5530
educational progress made in the various sections of the state, to 5531
compare views, discuss problems, hear discussions and suggestions 5532
relative to examinations and qualifications of teachers, methods 5533
of instruction, textbooks, summer schools for teachers, visitation 5534
of schools, consolidation of schools, health work in the schools, 5535
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vocational education and other matters pertaining to the public 5536
school system; 5537
(i) To advise all superintendents upon all matters 5538
involving the welfare of the schools, and at the request of any 5539
superintendent, to give an opinion upon a written statement of 5540
facts on all questions and controversies arising out of the 5541
interpretation and construction of the school laws, in regard to 5542
rights, powers and duties of school officers and superintendents, 5543
and to keep a record of all such decisions. Before giving any 5544
opinion, the superintendent may submit the statement of facts to 5545
the Attorney General, and it shall be the duty of the Attorney 5546
General forthwith to examine such statement and suggest the proper 5547
decision to be made upon such fact; 5548
(j) To require annually, and as often as the State 5549
Superintendent may deem proper, of all superintendents, detailed 5550
reports on the educational business of the various districts; 5551
(k) On or before January 10 in each year to prepare, 5552
under the direction of the State Board of Education, the annual 5553
information report of the State Department of Education as 5554
described in Section 37-151-97; 5555
(l) To determine the number of educable children in the 5556
several school districts under rules and regulations prescribed by 5557
the State Board of Education; and 5558
(m) To perform such other duties as may be prescribed 5559
by the State Board of Education. 5560
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SECTION 54. Section 37-7-208, Mississippi Code of 1972, is 5561
brought forward as follows: 5562
37-7-208. The board of trustees of any consolidated school 5563
district may pay from funds other than total funding formula funds 5564
the cost and expense of litigation involved by or resulting from 5565
the creation of or litigation to create single member school board 5566
trustee election districts, and pay from funds other than the 5567
total funding formula funds the cost or expense to implement any 5568
plan, decree or reorganization as approved by the court. Said 5569
payments by the board of trustees shall be deemed a "new program" 5570
under the provisions of Section 37-57-107, and any additional 5571
millage levied for such purpose and the revenue generated 5572
therefrom shall be excluded from the tax increase limitation 5573
prescribed in Sections 37-57-105 and 37-57-107. The board of 5574
supervisors of any county in which there is located such 5575
consolidated school district may, in its discretion, contribute 5576
out of county general funds to the cost and expense of such 5577
litigation and/or the cost of implementing such redistricting 5578
plan. 5579
SECTION 55. Section 37-7-301, Mississippi Code of 1972, is 5580
brought forward as follows: 5581
37-7-301. The school boards of all school districts shall 5582
have the following powers, authority and duties in addition to all 5583
others imposed or granted by law, to wit: 5584
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(a) To organize and operate the schools of the district 5585
and to make such division between the high school grades and 5586
elementary grades as, in their judgment, will serve the best 5587
interests of the school; 5588
(b) To introduce public school music, art, manual 5589
training and other special subjects into either the elementary or 5590
high school grades, as the board shall deem proper; 5591
(c) To be the custodians of real and personal school 5592
property and to manage, control and care for same, both during the 5593
school term and during vacation; 5594
(d) To have responsibility for the erection, repairing 5595
and equipping of school facilities and the making of necessary 5596
school improvements; 5597
(e) To suspend or to expel a pupil or to change the 5598
placement of a pupil to the school district's alternative school 5599
or homebound program for misconduct in the school or on school 5600
property, as defined in Section 37-11-29, on the road to and from 5601
school, or at any school-related activity or event, or for conduct 5602
occurring on property other than school property or other than at 5603
a school-related activity or event when such conduct by a pupil, 5604
in the determination of the school superintendent or principal, 5605
renders that pupil's presence in the classroom a disruption to the 5606
educational environment of the school or a detriment to the best 5607
interest and welfare of the pupils and teacher of such class as a 5608
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whole, and to delegate such authority to the appropriate officials 5609
of the school district; 5610
(f) To visit schools in the district, in their 5611
discretion, in a body for the purpose of determining what can be 5612
done for the improvement of the school in a general way; 5613
(g) To support, within reasonable limits, the 5614
superintendent, principal and teachers where necessary for the 5615
proper discipline of the school; 5616
(h) To exclude from the schools students with what 5617
appears to be infectious or contagious diseases; provided, 5618
however, such student may be allowed to return to school upon 5619
presenting a certificate from a public health officer, duly 5620
licensed physician or nurse practitioner that the student is free 5621
from such disease; 5622
(i) To require those vaccinations specified by the 5623
State Health Officer as provided in Section 41-23-37; 5624
(j) To see that all necessary utilities and services 5625
are provided in the schools at all times when same are needed; 5626
(k) To authorize the use of the school buildings and 5627
grounds for the holding of public meetings and gatherings of the 5628
people under such regulations as may be prescribed by said board; 5629
(l) To prescribe and enforce rules and regulations not 5630
inconsistent with law or with the regulations of the State Board 5631
of Education for their own government and for the government of 5632
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the schools, and to transact their business at regular and special 5633
meetings called and held in the manner provided by law; 5634
(m) To maintain and operate all of the schools under 5635
their control for such length of time during the year as may be 5636
required; 5637
(n) To enforce in the schools the courses of study and 5638
the use of the textbooks prescribed by the proper authorities; 5639
(o) To make orders directed to the superintendent of 5640
schools for the issuance of pay certificates for lawful purposes 5641
on any available funds of the district and to have full control of 5642
the receipt, distribution, allotment and disbursement of all funds 5643
provided for the support and operation of the schools of such 5644
school district whether such funds be derived from state 5645
appropriations, local ad valorem tax collections, or otherwise. 5646
The local school board shall be authorized and empowered to 5647
promulgate rules and regulations that specify the types of claims 5648
and set limits of the dollar amount for payment of claims by the 5649
superintendent of schools to be ratified by the board at the next 5650
regularly scheduled meeting after payment has been made; 5651
(p) To select all school district personnel in the 5652
manner provided by law, and to provide for such employee fringe 5653
benefit programs, including accident reimbursement plans, as may 5654
be deemed necessary and appropriate by the board; 5655
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(q) To provide athletic programs and other school 5656
activities and to regulate the establishment and operation of such 5657
programs and activities; 5658
(r) To join, in their discretion, any association of 5659
school boards and other public school-related organizations, and 5660
to pay from local funds other than total funding formula funds, 5661
any membership dues; 5662
(s) To expend local school activity funds, or other 5663
available school district funds, other than total funding formula 5664
funds, for the purposes prescribed under this paragraph. 5665
"Activity funds" shall mean all funds received by school officials 5666
in all school districts paid or collected to participate in any 5667
school activity, such activity being part of the school program 5668
and partially financed with public funds or supplemented by public 5669
funds. The term "activity funds" shall not include any funds 5670
raised and/or expended by any organization unless commingled in a 5671
bank account with existing activity funds, regardless of whether 5672
the funds were raised by school employees or received by school 5673
employees during school hours or using school facilities, and 5674
regardless of whether a school employee exercises influence over 5675
the expenditure or disposition of such funds. Organizations shall 5676
not be required to make any payment to any school for the use of 5677
any school facility if, in the discretion of the local school 5678
governing board, the organization's function shall be deemed to be 5679
beneficial to the official or extracurricular programs of the 5680
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school. For the purposes of this provision, the term 5681
"organization" shall not include any organization subject to the 5682
control of the local school governing board. Activity funds may 5683
only be expended for any necessary expenses or travel costs, 5684
including advances, incurred by students and their chaperons in 5685
attending any in-state or out-of-state school-related programs, 5686
conventions or seminars and/or any commodities, equipment, travel 5687
expenses, purchased services or school supplies which the local 5688
school governing board, in its discretion, shall deem beneficial 5689
to the official or extracurricular programs of the district, 5690
including items which may subsequently become the personal 5691
property of individuals, including yearbooks, athletic apparel, 5692
book covers and trophies. Activity funds may be used to pay 5693
travel expenses of school district personnel. The local school 5694
governing board shall be authorized and empowered to promulgate 5695
rules and regulations specifically designating for what purposes 5696
school activity funds may be expended. The local school governing 5697
board shall provide (i) that such school activity funds shall be 5698
maintained and expended by the principal of the school generating 5699
the funds in individual bank accounts, or (ii) that such school 5700
activity funds shall be maintained and expended by the 5701
superintendent of schools in a central depository approved by the 5702
board. The local school governing board shall provide that such 5703
school activity funds be audited as part of the annual audit 5704
required in Section 37-9-18. The State Department of Education 5705
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shall prescribe a uniform system of accounting and financial 5706
reporting for all school activity fund transactions; 5707
(t) To enter into an energy performance contract, 5708
energy services contract, on a shared-savings, lease or 5709
lease-purchase basis, for energy efficiency services and/or 5710
equipment as provided for in Section 31-7-14; 5711
(u) To maintain accounts and issue pay certificates on 5712
school food service bank accounts; 5713
(v) (i) To lease a school building from an individual, 5714
partnership, nonprofit corporation or a private for-profit 5715
corporation for the use of such school district, and to expend 5716
funds therefor as may be available from any sources other than 5717
total funding formula funds as set by Sections 37-151-200 through 5718
37-151-215. The school board of the school district desiring to 5719
lease a school building shall declare by resolution that a need 5720
exists for a school building and that the school district cannot 5721
provide the necessary funds to pay the cost or its proportionate 5722
share of the cost of a school building required to meet the 5723
present needs. The resolution so adopted by the school board 5724
shall be published once each week for three (3) consecutive weeks 5725
in a newspaper having a general circulation in the school district 5726
involved, with the first publication thereof to be made not less 5727
than thirty (30) days prior to the date upon which the school 5728
board is to act on the question of leasing a school building. If 5729
no petition requesting an election is filed prior to such meeting 5730
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as hereinafter provided, then the school board may, by resolution 5731
spread upon its minutes, proceed to lease a school building. If 5732
at any time prior to said meeting a petition signed by not less 5733
than twenty percent (20%) or fifteen hundred (1500), whichever is 5734
less, of the qualified electors of the school district involved 5735
shall be filed with the school board requesting that an election 5736
be called on the question, then the school board shall, not later 5737
than the next regular meeting, adopt a resolution calling an 5738
election to be held within such school district upon the question 5739
of authorizing the school board to lease a school building. Such 5740
election shall be called and held, and notice thereof shall be 5741
given, in the same manner for elections upon the questions of the 5742
issuance of the bonds of school districts, and the results thereof 5743
shall be certified to the school board. If at least three-fifths 5744
(3/5) of the qualified electors of the school district who voted 5745
in such election shall vote in favor of the leasing of a school 5746
building, then the school board shall proceed to lease a school 5747
building. The term of the lease contract shall not exceed twenty 5748
(20) years, and the total cost of such lease shall be either the 5749
amount of the lowest and best bid accepted by the school board 5750
after advertisement for bids or an amount not to exceed the 5751
current fair market value of the lease as determined by the 5752
averaging of at least two (2) appraisals by certified general 5753
appraisers licensed by the State of Mississippi. The term "school 5754
building" as used in this paragraph (v)(i) shall be construed to 5755
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mean any building or buildings used for classroom purposes in 5756
connection with the operation of schools and shall include the 5757
site therefor, necessary support facilities, and the equipment 5758
thereof and appurtenances thereto such as heating facilities, 5759
water supply, sewage disposal, landscaping, walks, drives and 5760
playgrounds. The term "lease" as used in this paragraph (v)(i) 5761
may include a lease-purchase contract; 5762
(ii) If two (2) or more school districts propose 5763
to enter into a lease contract jointly, then joint meetings of the 5764
school boards having control may be held but no action taken shall 5765
be binding on any such school district unless the question of 5766
leasing a school building is approved in each participating school 5767
district under the procedure hereinabove set forth in paragraph 5768
(v)(i). All of the provisions of paragraph (v)(i) regarding the 5769
term and amount of the lease contract shall apply to the school 5770
boards of school districts acting jointly. Any lease contract 5771
executed by two (2) or more school districts as joint lessees 5772
shall set out the amount of the aggregate lease rental to be paid 5773
by each, which may be agreed upon, but there shall be no right of 5774
occupancy by any lessee unless the aggregate rental is paid as 5775
stipulated in the lease contract. All rights of joint lessees 5776
under the lease contract shall be in proportion to the amount of 5777
lease rental paid by each; 5778
(w) To employ all noninstructional and noncertificated 5779
employees and fix the duties and compensation of such personnel 5780
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deemed necessary pursuant to the recommendation of the 5781
superintendent of schools; 5782
(x) To employ and fix the duties and compensation of 5783
such legal counsel as deemed necessary; 5784
(y) Subject to rules and regulations of the State Board 5785
of Education, to purchase, own and operate trucks, vans and other 5786
motor vehicles, which shall bear the proper identification 5787
required by law; 5788
(z) To expend funds for the payment of substitute 5789
teachers and to adopt reasonable regulations for the employment 5790
and compensation of such substitute teachers; 5791
(aa) To acquire in its own name by purchase all real 5792
property which shall be necessary and desirable in connection with 5793
the construction, renovation or improvement of any public school 5794
building or structure. Whenever the purchase price for such real 5795
property is greater than Fifty Thousand Dollars ($50,000.00), the 5796
school board shall not purchase the property for an amount 5797
exceeding the fair market value of such property as determined by 5798
the average of at least two (2) independent appraisals by 5799
certified general appraisers licensed by the State of Mississippi. 5800
If the board shall be unable to agree with the owner of any such 5801
real property in connection with any such project, the board shall 5802
have the power and authority to acquire any such real property by 5803
condemnation proceedings pursuant to Section 11-27-1 et seq., 5804
Mississippi Code of 1972, and for such purpose, the right of 5805
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eminent domain is hereby conferred upon and vested in said board. 5806
Provided further, that the local school board is authorized to 5807
grant an easement for ingress and egress over sixteenth section 5808
land or lieu land in exchange for a similar easement upon 5809
adjoining land where the exchange of easements affords substantial 5810
benefit to the sixteenth section land; provided, however, the 5811
exchange must be based upon values as determined by a competent 5812
appraiser, with any differential in value to be adjusted by cash 5813
payment. Any easement rights granted over sixteenth section land 5814
under such authority shall terminate when the easement ceases to 5815
be used for its stated purpose. No sixteenth section or lieu land 5816
which is subject to an existing lease shall be burdened by any 5817
such easement except by consent of the lessee or unless the school 5818
district shall acquire the unexpired leasehold interest affected 5819
by the easement; 5820
(bb) To charge reasonable fees related to the 5821
educational programs of the district, in the manner prescribed in 5822
Section 37-7-335; 5823
(cc) Subject to rules and regulations of the State 5824
Board of Education, to purchase relocatable classrooms for the use 5825
of such school district, in the manner prescribed in Section 5826
37-1-13; 5827
(dd) Enter into contracts or agreements with other 5828
school districts, political subdivisions or governmental entities 5829
to carry out one or more of the powers or duties of the school 5830
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board, or to allow more efficient utilization of limited resources 5831
for providing services to the public; 5832
(ee) To provide for in-service training for employees 5833
of the district; 5834
(ff) As part of their duties to prescribe the use of 5835
textbooks, to provide that parents and legal guardians shall be 5836
responsible for the textbooks and for the compensation to the 5837
school district for any books which are not returned to the proper 5838
schools upon the withdrawal of their dependent child. If a 5839
textbook is lost or not returned by any student who drops out of 5840
the public school district, the parent or legal guardian shall 5841
also compensate the school district for the fair market value of 5842
the textbooks; 5843
(gg) To conduct fund-raising activities on behalf of 5844
the school district that the local school board, in its 5845
discretion, deems appropriate or beneficial to the official or 5846
extracurricular programs of the district; provided that: 5847
(i) Any proceeds of the fund-raising activities 5848
shall be treated as "activity funds" and shall be accounted for as 5849
are other activity funds under this section; and 5850
(ii) Fund-raising activities conducted or 5851
authorized by the board for the sale of school pictures, the 5852
rental of caps and gowns or the sale of graduation invitations for 5853
which the school board receives a commission, rebate or fee shall 5854
contain a disclosure statement advising that a portion of the 5855
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proceeds of the sales or rentals shall be contributed to the 5856
student activity fund; 5857
(hh) To allow individual lessons for music, art and 5858
other curriculum-related activities for academic credit or 5859
nonacademic credit during school hours and using school equipment 5860
and facilities, subject to uniform rules and regulations adopted 5861
by the school board; 5862
(ii) To charge reasonable fees for participating in an 5863
extracurricular activity for academic or nonacademic credit for 5864
necessary and required equipment such as safety equipment, band 5865
instruments and uniforms; 5866
(jj) To conduct or participate in any fund-raising 5867
activities on behalf of or in connection with a tax-exempt 5868
charitable organization; 5869
(kk) To exercise such powers as may be reasonably 5870
necessary to carry out the provisions of this section; 5871
(ll) To expend funds for the services of nonprofit arts 5872
organizations or other such nonprofit organizations who provide 5873
performances or other services for the students of the school 5874
district; 5875
(mm) To expend federal No Child Left Behind Act funds, 5876
or any other available funds that are expressly designated and 5877
authorized for that use, to pay training, educational expenses, 5878
salary incentives and salary supplements to employees of local 5879
school districts; except that incentives shall not be considered 5880
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part of the local supplement, nor shall incentives be considered 5881
part of the local supplement paid to an individual teacher for the 5882
purposes of Section 37-19-7(1); 5883
(nn) To use any available funds, not appropriated or 5884
designated for any other purpose, for reimbursement to the 5885
state-licensed employees from both in state and out of state, who 5886
enter into a contract for employment in a school district, for the 5887
expense of moving when the employment necessitates the relocation 5888
of the licensed employee to a different geographical area than 5889
that in which the licensed employee resides before entering into 5890
the contract. The reimbursement shall not exceed One Thousand 5891
Dollars ($1,000.00) for the documented actual expenses incurred in 5892
the course of relocating, including the expense of any 5893
professional moving company or persons employed to assist with the 5894
move, rented moving vehicles or equipment, mileage in the amount 5895
authorized for county and municipal employees under Section 5896
25-3-41 if the licensed employee used his personal vehicle or 5897
vehicles for the move, meals and such other expenses associated 5898
with the relocation. No licensed employee may be reimbursed for 5899
moving expenses under this section on more than one (1) occasion 5900
by the same school district. Nothing in this section shall be 5901
construed to require the actual residence to which the licensed 5902
employee relocates to be within the boundaries of the school 5903
district that has executed a contract for employment in order for 5904
the licensed employee to be eligible for reimbursement for the 5905
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moving expenses. However, the licensed employee must relocate 5906
within the boundaries of the State of Mississippi. Any individual 5907
receiving relocation assistance through the Critical Teacher 5908
Shortage Act as provided in Section 37-159-5 shall not be eligible 5909
to receive additional relocation funds as authorized in this 5910
paragraph; 5911
(oo) To use any available funds, not appropriated or 5912
designated for any other purpose, to reimburse persons who 5913
interview for employment as a licensed employee with the district 5914
for the mileage and other actual expenses incurred in the course 5915
of travel to and from the interview at the rate authorized for 5916
county and municipal employees under Section 25-3-41; 5917
(pp) Consistent with the report of the Task Force to 5918
Conduct a Best Financial Management Practices Review, to improve 5919
school district management and use of resources and identify cost 5920
savings as established in Section 8 of Chapter 610, Laws of 2002, 5921
local school boards are encouraged to conduct independent reviews 5922
of the management and efficiency of schools and school districts. 5923
Such management and efficiency reviews shall provide state and 5924
local officials and the public with the following: 5925
(i) An assessment of a school district's 5926
governance and organizational structure; 5927
(ii) An assessment of the school district's 5928
financial and personnel management; 5929
(iii) An assessment of revenue levels and sources; 5930
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(iv) An assessment of facilities utilization, 5931
planning and maintenance; 5932
(v) An assessment of food services, transportation 5933
and safety/security systems; 5934
(vi) An assessment of instructional and 5935
administrative technology; 5936
(vii) A review of the instructional management and 5937
the efficiency and effectiveness of existing instructional 5938
programs; and 5939
(viii) Recommended methods for increasing 5940
efficiency and effectiveness in providing educational services to 5941
the public; 5942
(qq) To enter into agreements with other local school 5943
boards for the establishment of an educational service agency 5944
(ESA) to provide for the cooperative needs of the region in which 5945
the school district is located, as provided in Section 37-7-345; 5946
(rr) To implement a financial literacy program for 5947
students in Grades 10 and 11. The board may review the national 5948
programs and obtain free literature from various nationally 5949
recognized programs. After review of the different programs, the 5950
board may certify a program that is most appropriate for the 5951
school districts' needs. If a district implements a financial 5952
literacy program, then any student in Grade 10 or 11 may 5953
participate in the program. The financial literacy program shall 5954
include, but is not limited to, instruction in the same areas of 5955
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personal business and finance as required under Section 5956
37-1-3(2)(b). The school board may coordinate with volunteer 5957
teachers from local community organizations, including, but not 5958
limited to, the following: United States Department of 5959
Agriculture Rural Development, United States Department of Housing 5960
and Urban Development, Junior Achievement, bankers and other 5961
nonprofit organizations. Nothing in this paragraph shall be 5962
construed as to require school boards to implement a financial 5963
literacy program; 5964
(ss) To collaborate with the State Board of Education, 5965
Community Action Agencies or the Department of Human Services to 5966
develop and implement a voluntary program to provide services for 5967
a prekindergarten program that addresses the cognitive, social, 5968
and emotional needs of four-year-old and three-year-old children. 5969
The school board may utilize any source of available revenue to 5970
fund the voluntary program. Effective with the 2013-2014 school 5971
year, to implement voluntary prekindergarten programs under the 5972
Early Learning Collaborative Act of 2013 pursuant to state funds 5973
awarded by the State Department of Education on a matching basis; 5974
(tt) With respect to any lawful, written obligation of 5975
a school district, including, but not limited to, leases 5976
(excluding leases of sixteenth section public school trust land), 5977
bonds, notes, or other agreement, to agree in writing with the 5978
obligee that the Department of Revenue or any state agency, 5979
department or commission created under state law may: 5980
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(i) Withhold all or any part (as agreed by the 5981
school board) of any monies which such local school board is 5982
entitled to receive from time to time under any law and which is 5983
in the possession of the Department of Revenue, or any state 5984
agency, department or commission created under state law; and 5985
(ii) Pay the same over to any financial 5986
institution, trustee or other obligee, as directed in writing by 5987
the school board, to satisfy all or part of such obligation of the 5988
school district. 5989
The school board may make such written agreement to withhold 5990
and transfer funds irrevocable for the term of the written 5991
obligation and may include in the written agreement any other 5992
terms and provisions acceptable to the school board. If the 5993
school board files a copy of such written agreement with the 5994
Department of Revenue, or any state agency, department or 5995
commission created under state law then the Department of Revenue 5996
or any state agency, department or commission created under state 5997
law shall immediately make the withholdings provided in such 5998
agreement from the amounts due the local school board and shall 5999
continue to pay the same over to such financial institution, 6000
trustee or obligee for the term of the agreement. 6001
This paragraph (tt) shall not grant any extra authority to a 6002
school board to issue debt in any amount exceeding statutory 6003
limitations on assessed value of taxable property within such 6004
school district or the statutory limitations on debt maturities, 6005
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and shall not grant any extra authority to impose, levy or collect 6006
a tax which is not otherwise expressly provided for, and shall not 6007
be construed to apply to sixteenth section public school trust 6008
land; 6009
(uu) With respect to any matter or transaction that is 6010
competitively bid by a school district, to accept from any bidder 6011
as a good-faith deposit or bid bond or bid surety, the same type 6012
of good-faith deposit or bid bond or bid surety that may be 6013
accepted by the state or any other political subdivision on 6014
similar competitively bid matters or transactions. This paragraph 6015
(uu) shall not be construed to apply to sixteenth section public 6016
school trust land. The school board may authorize the investment 6017
of any school district funds in the same kind and manner of 6018
investments, including pooled investments, as any other political 6019
subdivision, including community hospitals; 6020
(vv) To utilize the alternate method for the conveyance 6021
or exchange of unused school buildings and/or land, reserving a 6022
partial or other undivided interest in the property, as 6023
specifically authorized and provided in Section 37-7-485; 6024
(ww) To delegate, privatize or otherwise enter into a 6025
contract with private entities for the operation of any and all 6026
functions of nonacademic school process, procedures and operations 6027
including, but not limited to, cafeteria workers, janitorial 6028
services, transportation, professional development, achievement 6029
and instructional consulting services materials and products, 6030
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purchasing cooperatives, insurance, business manager services, 6031
auditing and accounting services, school safety/risk prevention, 6032
data processing and student records, and other staff services; 6033
however, the authority under this paragraph does not apply to the 6034
leasing, management or operation of sixteenth section lands. 6035
Local school districts, working through their regional education 6036
service agency, are encouraged to enter into buying consortia with 6037
other member districts for the purposes of more efficient use of 6038
state resources as described in Section 37-7-345; 6039
(xx) To partner with entities, organizations and 6040
corporations for the purpose of benefiting the school district; 6041
(yy) To borrow funds from the Rural Economic 6042
Development Authority for the maintenance of school buildings; 6043
(zz) To fund and operate voluntary early childhood 6044
education programs, defined as programs for children less than 6045
five (5) years of age on or before September 1, and to use any 6046
source of revenue for such early childhood education programs. 6047
Such programs shall not conflict with the Early Learning 6048
Collaborative Act of 2013; 6049
(aaa) To issue and provide for the use of procurement 6050
cards by school board members, superintendents and licensed school 6051
personnel consistent with the rules and regulations of the 6052
Mississippi Department of Finance and Administration under Section 6053
31-7-9; and 6054
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(bbb) To conduct an annual comprehensive evaluation of 6055
the superintendent of schools consistent with the assessment 6056
components of paragraph (pp) of this section and the assessment 6057
benchmarks established by the Mississippi School Board Association 6058
to evaluate the success the superintendent has attained in meeting 6059
district goals and objectives, the superintendent's leadership 6060
skill and whether or not the superintendent has established 6061
appropriate standards for performance, is monitoring success and 6062
is using data for improvement. 6063
SECTION 56. Section 37-7-302, Mississippi Code of 1972, is 6064
brought forward as follows: 6065
37-7-302. The board of trustees of any school district shall 6066
be authorized to borrow such funds as may be reasonable and 6067
necessary from the federal government, the State of Mississippi or 6068
any political subdivision or entity thereof, or any other 6069
governmental agency, from any individual, partnership, nonprofit 6070
corporation or private for-profit corporation, to aid such school 6071
districts in asbestos removal, to be repaid out of any funds other 6072
than the total funding formula funds provided for in Sections 6073
37-151-200 through 37-151-215; provided, however, that the grant 6074
of authority shall in no way be construed to require said boards 6075
of trustees to remove asbestos material or substances from any 6076
facilities under their control, nor shall there be any liability 6077
to said school districts or boards for the failure to so remove 6078
such asbestos materials. All indebtedness incurred under the 6079
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provisions of this section shall be evidenced by the negotiable 6080
notes or certificates of indebtedness of the school district on 6081
whose behalf the money is borrowed. Said notes or certificates of 6082
indebtedness of the school district on whose behalf the money is 6083
borrowed shall be signed by the president of the school board and 6084
superintendent of schools of such school district. Such notes or 6085
certificates of indebtedness shall not bear a greater overall 6086
maximum interest rate to maturity than the rates now or hereafter 6087
authorized under the provisions of Section 19-9-19. No such notes 6088
or certificates of indebtedness shall be issued and sold for less 6089
than par and accrued interest. All notes or certificates of 6090
indebtedness shall mature in approximately equal installments of 6091
principal and interest over a period not to exceed twenty (20) 6092
years from the dates of the issuance thereof. Principal and 6093
interest shall be payable in such manner as may be determined by 6094
the school board. Such notes or certificates of indebtedness shall 6095
be issued in such form and in such denominations as may be 6096
determined by the school board and same may be made payable at the 6097
office of any bank or trust company selected by the school board 6098
and, in such case, funds for the payment of principal and interest 6099
due thereon shall be provided in the same manner provided by law 6100
for the payment of the principal and interest due on bonds issued 6101
by the taxing districts of this state. 6102
SECTION 57. Section 37-7-303, Mississippi Code of 1972, is 6103
brought forward as follows: 6104
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37-7-303. (1) The school board of any school district may 6105
insure motor vehicles for any hazard that the board may choose, 6106
and shall insure the school buildings, equipment and other school 6107
property of the district against any and all hazards that the 6108
board may deem necessary to provide insurance against. In 6109
addition, the local school board of any school district shall 6110
purchase and maintain business property insurance and business 6111
personal property insurance on all school district-owned buildings 6112
and/or contents as required by federal law and regulations of the 6113
Federal Emergency Management Agency (FEMA) as is necessary for 6114
receiving public assistance or reimbursement for repair, 6115
reconstruction, replacement or other damage to those buildings 6116
and/or contents caused by the Hurricane Katrina Disaster of 2005 6117
or subsequent disasters. The school district is authorized to 6118
expend funds from any available source for the purpose of 6119
obtaining and maintaining that property insurance. The school 6120
district is authorized to enter into agreements with the 6121
Department of Finance and Administration, other local school 6122
districts, community or junior college districts, state 6123
institutions of higher learning, community hospitals and/or other 6124
state agencies to pool their liabilities to participate in a group 6125
business property and/or business personal property insurance 6126
program, subject to uniform rules and regulations as may be 6127
adopted by the Department of Finance and Administration. Such 6128
school board shall be authorized to contract for such insurance 6129
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for a term of not exceeding five (5) years and to obligate the 6130
district for the payment of the premiums thereon. When necessary, 6131
the school board is authorized and empowered, in its discretion, 6132
to borrow money payable in annual installments for a period of not 6133
exceeding five (5) years at a rate of interest not exceeding eight 6134
percent (8%) per annum to provide funds to pay such insurance 6135
premiums. The money so borrowed and the interest thereon shall be 6136
payable from any school funds of the district other than the total 6137
funding formula funds provided for in Sections 37-151-200 through 6138
37-151-215. The school boards of school districts are further 6139
authorized and empowered, in all cases where same may be 6140
necessary, to bring and maintain suits and other actions in any 6141
court of competent jurisdiction for the purpose of collecting the 6142
proceeds of insurance policies issued upon the property of such 6143
school district. 6144
(2) Two (2) or more school districts, together with other 6145
educational entities or agencies, may agree to pool their 6146
liabilities to participate in a group workers' compensation 6147
program. The governing authorities of any school board or other 6148
educational entity or agency may authorize the organization and 6149
operation of, or the participation in such a group self-insurance 6150
program with other school boards and educational entities or 6151
agencies, subject to the requirements of Section 71-3-5. The 6152
Workers' Compensation Commission shall approve such group 6153
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self-insurance programs subject to uniform rules and regulations 6154
as may be adopted by the commission applicable to all groups. 6155
(3) The governing board of any county, municipality, 6156
municipal separate school district, other school district or 6157
community/junior college district, and the governing board or head 6158
of any other political subdivision or entity may negotiate for, 6159
secure and pool their risks under this section and may provide for 6160
the purchase of any one or more policies of property insurance, or 6161
the establishment of a self-insurance fund or self-insurance 6162
reserves, or any combination thereof. The governing board of any 6163
political subdivision or other entity set forth in this section is 6164
authorized to expend funds from any available source for the 6165
purpose of obtaining and maintaining that property insurance. The 6166
administration and service of any such self-insurance program 6167
shall be contracted to a third party and approved by the 6168
Commissioner of Insurance. 6169
SECTION 58. Section 37-7-307, Mississippi Code of 1972, is 6170
brought forward as follows: 6171
37-7-307. (1) For purposes of this section, the term 6172
"licensed employee" means any employee of a public school district 6173
required to hold a valid license by the Commission on Teacher and 6174
Administrator Education, Certification and Licensure and 6175
Development. 6176
(2) The school board of a school district shall establish by 6177
rules and regulations a policy of sick leave with pay for licensed 6178
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employees and teacher assistants employed in the school district, 6179
and such policy shall include the following minimum provisions for 6180
sick and emergency leave with pay: 6181
(a) Each licensed employee and teacher assistant, at 6182
the beginning of each school year, shall be credited with a 6183
minimum sick leave allowance, with pay, of seven (7) days for 6184
absences caused by illness or physical disability of the employee 6185
during that school year. 6186
(b) Any unused portion of the total sick leave 6187
allowance shall be carried over to the next school year and 6188
credited to such licensed employee and teacher assistant if the 6189
licensed employee or teacher assistant remains employed in the 6190
same school district. In the event any public school licensed 6191
employee or teacher assistant transfers from one public school 6192
district in Mississippi to another, any unused portion of the 6193
total sick leave allowance credited to such licensed employee or 6194
teacher assistant shall be credited to such licensed employee or 6195
teacher assistant in the computation of unused leave for 6196
retirement purposes under Section 25-11-109. Accumulation of sick 6197
leave allowed under this section shall be unlimited. 6198
(c) No deduction from the pay of such licensed employee 6199
or teacher assistant may be made because of absence of such 6200
licensed employee or teacher assistant caused by illness or 6201
physical disability of the licensed employee or teacher assistant 6202
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until after all sick leave allowance credited to such licensed 6203
employee or teacher assistant has been used. 6204
(d) For the first ten (10) days of absence of a 6205
licensed employee because of illness or physical disability, in 6206
any school year, in excess of the sick leave allowance credited to 6207
such licensed employee, there shall be deducted from the pay of 6208
such licensed employee the established substitute amount of 6209
licensed employee compensation paid in that local school district, 6210
necessitated because of the absence of the licensed employee as a 6211
result of illness or physical disability. In lieu of deducting 6212
the established substitute amount from the pay of such licensed 6213
employee, the policy may allow the licensed employee to receive 6214
full pay for the first ten (10) days of absence because of illness 6215
or physical disability, in any school year, in excess of the sick 6216
leave allowance credited to such licensed employee. Thereafter, 6217
the regular pay of such absent licensed employee shall be 6218
suspended and withheld in its entirety for any period of absence 6219
because of illness or physical disability during that school year. 6220
(3) (a) Beginning with the school year 1983-1984, each 6221
licensed employee at the beginning of each school year shall be 6222
credited with a minimum personal leave allowance, with pay, of two 6223
(2) days for absences caused by personal reasons during that 6224
school year. Effective for the 2010-2011 and 2011-2012 school 6225
years, licensed employees shall be credited with an additional 6226
one-half (1/2) day of personal leave for every day the licensed 6227
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employee is furloughed without pay as provided in Section 6228
37-7-308. Except as otherwise provided in paragraph (b) of this 6229
subsection, such personal leave shall not be taken on the first 6230
day of the school term, the last day of the school term, on a day 6231
previous to a holiday or a day after a holiday. Personal leave 6232
may be used for professional purposes, including absences caused 6233
by attendance of such licensed employee at a seminar, class, 6234
training program, professional association or other functions 6235
designed for educators. No deduction from the pay of such 6236
licensed employee may be made because of absence of such licensed 6237
employee caused by personal reasons until after all personal leave 6238
allowance credited to such licensed employee has been used. 6239
However, the superintendent of a school district, in his 6240
discretion, may allow a licensed employee personal leave in 6241
addition to any minimum personal leave allowance, under the 6242
condition that there shall be deducted from the salary of such 6243
licensed employee the actual amount of any compensation paid to 6244
any person as a substitute, necessitated because of the absence of 6245
the licensed employee. Any unused portion of the total personal 6246
leave allowance up to five (5) days shall be carried over to the 6247
next school year and credited to such licensed employee if the 6248
licensed employee remains employed in the same school district. 6249
Any personal leave allowed for a furlough day shall not be carried 6250
over to the next school year. 6251
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(b) Notwithstanding the restrictions on the use of 6252
personal leave prescribed under paragraph (a) of this subsection, 6253
a licensed employee may use personal leave as follows: 6254
(i) Personal leave may be taken on the first day 6255
of the school term, the last day of the school term, on a day 6256
previous to a holiday or a day after a holiday if, on the 6257
applicable day, an immediate family member of the employee is 6258
being deployed for military service. 6259
(ii) Personal leave may be taken on a day previous 6260
to a holiday or a day after a holiday if an employee of a school 6261
district has either a minimum of ten (10) years' experience as an 6262
employee of that school district or a minimum of thirty (30) days 6263
of unused accumulated leave that has been earned while employed in 6264
that school district. 6265
(iii) Personal leave may be taken on the first day 6266
of the school term, the last day of the school term, on a day 6267
previous to a holiday or a day after a holiday if, on the 6268
applicable day, the employee has been summoned to appear for jury 6269
duty or as a witness in court. 6270
(iv) Personal leave may be taken on the first day 6271
of the school term, the last day of the school term, on a day 6272
previous to a holiday or a day after a holiday if, on the 6273
applicable day, an immediate family member of the employee dies or 6274
funeral services are held. Any day of the three (3) bereavement 6275
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days may be used at the discretion of the teacher, and are not 6276
required to be taken in consecutive succession. 6277
For the purpose of this subsection (3), the term "immediate 6278
family member" means spouse, parent, stepparent, child or 6279
stepchild, grandparent or sibling, including a stepbrother or 6280
stepsister. 6281
(4) Beginning with the school year 1992-1993, each licensed 6282
employee shall be credited with a professional leave allowance, 6283
with pay, for each day of absence caused by reason of such 6284
employee's statutorily required membership and attendance at a 6285
regular or special meeting held within the State of Mississippi of 6286
the State Board of Education, the Commission on Teacher and 6287
Administrator Education, Certification and Licensure and 6288
Development, the Commission on School Accreditation, the 6289
Mississippi Authority for Educational Television, the meetings of 6290
the state textbook rating committees or other meetings authorized 6291
by local school board policy. 6292
(5) Upon retirement from employment, each licensed and 6293
nonlicensed employee shall be paid for not more than thirty (30) 6294
days of unused accumulated leave earned while employed by the 6295
school district in which the employee is last employed. Such 6296
payment for licensed employees shall be made by the school 6297
district at a rate equal to the amount paid to substitute teachers 6298
and for nonlicensed employees, the payment shall be made by the 6299
school district at a rate equal to the federal minimum wage. The 6300
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payment shall be treated in the same manner for retirement 6301
purposes as a lump-sum payment for personal leave as provided in 6302
Section 25-11-103(f). Any remaining lawfully credited unused 6303
leave, for which payment has not been made, shall be certified to 6304
the Public Employees' Retirement System in the same manner and 6305
subject to the same limitations as otherwise provided by law for 6306
unused leave. No payment for unused accumulated leave may be made 6307
to either a licensed or nonlicensed employee at termination or 6308
separation from service for any purpose other than for the purpose 6309
of retirement. 6310
(6) The school board may adopt rules and regulations which 6311
will reasonably aid to implement the policy of sick and personal 6312
leave, including, but not limited to, rules and regulations having 6313
the following general effect: 6314
(a) Requiring the absent employee to furnish the 6315
certificate of a physician or dentist or other medical 6316
practitioner as to the illness of the absent licensed employee, 6317
where the absence is for four (4) or more consecutive school days, 6318
or for two (2) consecutive school days immediately preceding or 6319
following a nonschool day; 6320
(b) Providing penalties, by way of full deduction from 6321
salary, or entry on the work record of the employee, or other 6322
appropriate penalties, for any materially false statement by the 6323
employee as to the cause of absence; 6324
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(c) Forfeiture of accumulated or future sick leave, if 6325
the absence of the employee is caused by optional dental or 6326
medical treatment or surgery which could, without medical risk, 6327
have been provided, furnished or performed at a time when school 6328
was not in session; 6329
(d) Enlarging, increasing or providing greater sick or 6330
personal leave allowances than the minimum standards established 6331
by this section in the discretion of the school board of each 6332
school district. 6333
(7) School boards may include in their budgets provisions 6334
for the payment of substitute employees, necessitated because of 6335
the absence of regular licensed employees. All such substitute 6336
employees shall be paid wholly from district funds. Such school 6337
boards, in their discretion, also may pay, from district funds 6338
other than the total funding formula funds provided for in 6339
Sections 37-151-200 through 37-151-215, the whole or any part of 6340
the salaries of all employees granted leaves for the purpose of 6341
special studies or training. 6342
(8) The school board may further adopt rules and regulations 6343
which will reasonably implement such leave policies for all other 6344
nonlicensed and hourly paid school employees as the board deems 6345
appropriate. Effective for the 2010-2011 and 2011-2012 school 6346
years, nonlicensed employees shall be credited with an additional 6347
one-half (1/2) day of personal leave for every day the nonlicensed 6348
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employee is furloughed without pay as provided in Section 6349
37-7-308. 6350
(9) Vacation leave granted to either licensed or nonlicensed 6351
employees shall be synonymous with personal leave. Unused 6352
vacation or personal leave accumulated by licensed employees in 6353
excess of the maximum five (5) days which may be carried over from 6354
one year to the next may be converted to sick leave. The annual 6355
conversion of unused vacation or personal leave to sick days for 6356
licensed or unlicensed employees shall not exceed the allowable 6357
number of personal leave days as provided in Section 25-3-93. The 6358
annual total number of converted unused vacation and/or personal 6359
days added to the annual unused sick days for any employee shall 6360
not exceed the combined allowable number of days per year provided 6361
in Sections 25-3-93 and 25-3-95. Local school board policies that 6362
provide for vacation, personal and sick leave for employees shall 6363
not exceed the provisions for leave as provided in Sections 6364
25-3-93 and 25-3-95. Any personal or vacation leave previously 6365
converted to sick leave under a lawfully adopted policy before May 6366
1, 2004, or such personal or vacation leave accumulated and 6367
available for use prior to May 1, 2004, under a lawfully adopted 6368
policy but converted to sick leave after May 1, 2004, shall be 6369
recognized as accrued leave by the local school district and 6370
available for use by the employee. The leave converted under a 6371
lawfully adopted policy prior to May 1, 2004, or such personal and 6372
vacation leave accumulated and available for use as of May 1, 6373
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2004, which was subsequently converted to sick leave may be 6374
certified to the Public Employees' Retirement System upon 6375
termination of employment and any such leave previously converted 6376
and certified to the Public Employees' Retirement System shall be 6377
recognized. 6378
(10) (a) For the purposes of this subsection, the following 6379
words and phrases shall have the meaning ascribed in this 6380
paragraph unless the context requires otherwise: 6381
(i) "Catastrophic injury or illness" means a 6382
life-threatening injury or illness of an employee or a member of 6383
an employee's immediate family that totally incapacitates the 6384
employee from work, as verified by a licensed physician, and 6385
forces the employee to exhaust all leave time earned by that 6386
employee, resulting in the loss of compensation from the local 6387
school district for the employee. Conditions that are short-term 6388
in nature, including, but not limited to, common illnesses such as 6389
influenza and the measles, and common injuries, are not 6390
catastrophic. Chronic illnesses or injuries, such as cancer or 6391
major surgery, that result in intermittent absences from work and 6392
that are long-term in nature and require long recuperation periods 6393
may be considered catastrophic. 6394
(ii) "Immediate family" means spouse, parent, 6395
stepparent, sibling, child or stepchild, grandparent, stepbrother 6396
or stepsister. 6397
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(b) Any school district employee may donate a portion 6398
of his or her unused accumulated personal leave or sick leave to 6399
another employee of the same school district who is suffering from 6400
a catastrophic injury or illness or who has a member of his or her 6401
immediate family suffering from a catastrophic injury or illness, 6402
in accordance with the following: 6403
(i) The employee donating the leave (the "donor 6404
employee") shall designate the employee who is to receive the 6405
leave (the "recipient employee") and the amount of unused 6406
accumulated personal leave and sick leave that is to be donated, 6407
and shall notify the school district superintendent or his 6408
designee of his or her designation. 6409
(ii) The maximum amount of unused accumulated 6410
personal leave that an employee may donate to any other employee 6411
may not exceed a number of days that would leave the donor 6412
employee with fewer than seven (7) days of personal leave 6413
remaining, and the maximum amount of unused accumulated sick leave 6414
that an employee may donate to any other employee may not exceed 6415
fifty percent (50%) of the unused accumulated sick leave of the 6416
donor employee. 6417
(iii) An employee must have exhausted all of his 6418
or her available leave before he or she will be eligible to 6419
receive any leave donated by another employee. Eligibility for 6420
donated leave shall be based upon review and approval by the donor 6421
employee's supervisor. 6422
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(iv) Before an employee may receive donated leave, 6423
he or she must provide the school district superintendent or his 6424
designee with a physician's statement that states that the illness 6425
meets the catastrophic criteria established under this section, 6426
the beginning date of the catastrophic injury or illness, a 6427
description of the injury or illness, and a prognosis for recovery 6428
and the anticipated date that the recipient employee will be able 6429
to return to work. 6430
(v) Before an employee may receive donated leave, 6431
the superintendent of education of the school district shall 6432
appoint a review committee to approve or disapprove the said 6433
donations of leave, including the determination that the illness 6434
is catastrophic within the meaning of this section. 6435
(vi) If the total amount of leave that is donated 6436
to any employee is not used by the recipient employee, the whole 6437
days of donated leave shall be returned to the donor employees on 6438
a pro rata basis, based on the ratio of the number of days of 6439
leave donated by each donor employee to the total number of days 6440
of leave donated by all donor employees. 6441
(vii) Donated leave shall not be used in lieu of 6442
disability retirement. 6443
(11) Effective January 1, 2020, the provisions of this 6444
section shall be fully applicable to any licensed employee of the 6445
Mississippi School of the Arts (MSA). 6446
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SECTION 59. Section 37-7-319, Mississippi Code of 1972, is 6447
brought forward as follows: 6448
37-7-319. All public school boards may purchase group 6449
insurance coverage for the liability of all of its active 6450
full-time instructional and noninstructional personnel. Such 6451
policy shall be paid for with any funds available other than the 6452
total funding formula funds provided for in Sections 37-151-200 6453
through 37-151-215. 6454
SECTION 60. Section 37-7-333, Mississippi Code of 1972, is 6455
brought forward as follows: 6456
37-7-333. The school boards of all school districts shall 6457
have full control of the receipt, distribution, allotment and 6458
disbursement of all funds which may be provided for the support 6459
and maintenance of the schools of such district whether such funds 6460
be allotments from the total funding formula as provided for in 6461
Sections 37-151-200 through 37-151-215, funds derived from 6462
supplementary tax levies as authorized by law, or funds derived 6463
from any other source whatsoever except as may otherwise be 6464
provided by law for control of the proceeds from school bonds or 6465
notes and the taxes levied to pay the principal of and interest on 6466
such bonds or notes. The tax collector of each county shall make 6467
reports, in writing, verified by his affidavit, on or before the 6468
twentieth day of each month to the superintendent of schools of 6469
each school district within such county reflecting all school 6470
district taxes collected by him for the support of said school 6471
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district during the preceding month. He shall at the same time 6472
pay over all such school district taxes collected by him for the 6473
support of said school district directly to said superintendent of 6474
schools. 6475
All such allotments or funds shall be placed in the 6476
depository or depositories selected by the school board in the 6477
same manner as provided in Section 27-105-305 for the selection of 6478
county depositories. Provided, however, the annual notice to be 6479
given by the school board to financial institutions may be given 6480
by the school board at any regular meeting subsequent to the 6481
board's regular December meeting but prior to the regular May 6482
meeting. The bids of financial institutions for the privilege of 6483
keeping school funds may be received by the school board at some 6484
subsequent meeting, but no later than the regular June meeting; 6485
and the selection by the school board of the depository or 6486
depositories shall be effective on July 1 of each year. School 6487
boards shall advertise and accept bids for depositories, no less 6488
than once every three (3) years, when such board determines that 6489
it can obtain a more favorable rate of interest and less 6490
administrative processing. Such depository shall place on deposit 6491
with the superintendent of schools the same securities as required 6492
in Section 27-105-315. 6493
In the event a bank submits a bid or offer to a school 6494
district to act as a depository for the district and such bid or 6495
offer, if accepted, would result in a contract in which a member 6496
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of the school board would have a direct or indirect interest, the 6497
school board should not open or consider any bids received. The 6498
superintendent of schools shall submit the matter to the State 6499
Treasurer, who shall have the authority to solicit bids, select a 6500
depository or depositories, make all decisions and take any action 6501
within the authority of the school board under this section 6502
relating to the selection of a depository or depositories. 6503
SECTION 61. Section 37-7-419, Mississippi Code of 1972, is 6504
brought forward as follows: 6505
37-7-419. The various school districts which may become 6506
parties to any such agreement are authorized to appropriate and 6507
expend for the purposes thereof any and all funds which may be 6508
required to carry out the terms of any such agreement from any 6509
funds available to any such party to such an agreement not 6510
otherwise appropriated without limitation as to the source of such 6511
funds, including total funding formula funds as provided for in 6512
Sections 37-151-200 through 37-151-215, sixteenth section funds, 6513
funds received from the federal government or other sources by way 6514
of grant, donation or otherwise, and funds which may be available 6515
to any such party through the State Department of Education or any 6516
other agency of the state, regardless of the party to such 6517
agreement designated thereby to be primarily responsible for the 6518
construction or operation of any such regional high school center 6519
and regardless of the limitation on the expenditure of any such 6520
funds imposed by any other statute. However, no such funds whose 6521
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use was originally limited to the construction of capital 6522
improvements shall be utilized for the purpose of defraying the 6523
administrative or operating costs of any such center. Any one or 6524
more of the parties to such an agreement may be designated as the 6525
fiscal agent or contracting party in carrying out any of the 6526
purposes of such agreement, and any and all funds authorized to be 6527
spent therefor by any of the said parties may be paid over to the 6528
fiscal agent or contracting party for disbursement by such fiscal 6529
agent or contracting party. Such disbursements shall be made and 6530
contracted for under the laws and regulations applicable to such 6531
fiscal or disbursing agent. All of the school district parties to 6532
any such agreement may issue bonds, negotiable notes or other 6533
evidences of indebtedness for the purpose of providing funds for 6534
the acquisition of land and for the construction of buildings and 6535
permanent improvements under the terms of any such agreement under 6536
any existing laws authorizing the issuance or sale thereof to 6537
provide funds for any capital improvement. 6538
SECTION 62. Section 37-9-17, Mississippi Code of 1972, is 6539
brought forward as follows: 6540
37-9-17. (1) On or before April 1 of each year, the 6541
principal of each school shall recommend to the superintendent of 6542
the local school district the licensed employees or 6543
noninstructional employees to be employed for the school involved 6544
except those licensed employees or noninstructional employees who 6545
have been previously employed and who have a contract valid for 6546
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the ensuing scholastic year. If such recommendations meet with 6547
the approval of the superintendent, the superintendent shall 6548
recommend the employment of such licensed employees or 6549
noninstructional employees to the local school board, and, unless 6550
good reason to the contrary exists, the board shall elect the 6551
employees so recommended. If, for any reason, the local school 6552
board shall decline to elect any employee so recommended, 6553
additional recommendations for the places to be filled shall be 6554
made by the principal to the superintendent and then by the 6555
superintendent to the local school board as provided above. The 6556
school board of any local school district shall be authorized to 6557
designate a personnel supervisor or another principal employed by 6558
the school district to recommend to the superintendent licensed 6559
employees or noninstructional employees; however, this 6560
authorization shall be restricted to no more than two (2) 6561
positions for each employment period for each school in the local 6562
school district. Any noninstructional employee employed upon the 6563
recommendation of a personnel supervisor or another principal 6564
employed by the local school district must have been employed by 6565
the local school district at the time the superintendent was 6566
elected or appointed to office; a noninstructional employee 6567
employed under this authorization may not be paid compensation in 6568
excess of the statewide average compensation for such 6569
noninstructional position with comparable experience, as 6570
established by the State Department of Education. The school 6571
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board of any local school district shall be authorized to 6572
designate a personnel supervisor or another principal employed by 6573
the school district to accept the recommendations of principals or 6574
their designees for licensed employees or noninstructional 6575
employees and to transmit approved recommendations to the local 6576
school board; however, this authorization shall be restricted to 6577
no more than two (2) positions for each employment period for each 6578
school in the local school district. 6579
When the licensed employees have been elected as provided in 6580
the preceding paragraph, the superintendent of the district shall 6581
enter into a contract with such persons in the manner provided in 6582
this chapter. 6583
If, at the commencement of the scholastic year, any licensed 6584
employee shall present to the superintendent a license of a higher 6585
grade than that specified in such individual's contract, such 6586
individual may, if funds are available from the total funding 6587
formula funds of the district as provided for in Sections 6588
37-151-200 through 37-151-215, or from district funds, be paid 6589
from such funds the amount to which such higher grade license 6590
would have entitled the individual, had the license been held at 6591
the time the contract was executed. 6592
(2) Superintendents/directors of schools under the purview 6593
of the State Board of Education, the superintendent of the local 6594
school district and any private firm under contract with the local 6595
public school district to provide substitute teachers to teach 6596
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during the absence of a regularly employed schoolteacher shall 6597
require, through the appropriate governmental authority, that 6598
current criminal records background checks and current child abuse 6599
registry checks are obtained, and that such criminal record 6600
information and registry checks are on file for any new hires 6601
applying for employment as a licensed or nonlicensed employee at a 6602
school and not previously employed in such school under the 6603
purview of the State Board of Education or at such local school 6604
district prior to July 1, 2000. In order to determine the 6605
applicant's suitability for employment, the applicant shall be 6606
fingerprinted. If no disqualifying record is identified at the 6607
state level, the fingerprints shall be forwarded by the Department 6608
of Public Safety to the Federal Bureau of Investigation for a 6609
national criminal history record check. The fee for such 6610
fingerprinting and criminal history record check shall be paid by 6611
the applicant, not to exceed Fifty Dollars ($50.00); however, the 6612
State Board of Education, the school board of the local school 6613
district or a private firm under contract with a local school 6614
district to provide substitute teachers to teach during the 6615
temporary absence of the regularly employed schoolteacher, in its 6616
discretion, may elect to pay the fee for the fingerprinting and 6617
criminal history record check on behalf of any applicant. Under 6618
no circumstances shall a member of the State Board of Education, 6619
superintendent/director of schools under the purview of the State 6620
Board of Education, local school district superintendent, local 6621
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school board member or any individual other than the subject of 6622
the criminal history record checks disseminate information 6623
received through any such checks except insofar as required to 6624
fulfill the purposes of this section. Any nonpublic school which 6625
is accredited or approved by the State Board of Education may 6626
avail itself of the procedures provided for herein and shall be 6627
responsible for the same fee charged in the case of local public 6628
schools of this state. The determination whether the applicant 6629
has a disqualifying crime, as set forth in subsection (3) of this 6630
section, shall be made by the appropriate governmental authority, 6631
and the appropriate governmental authority shall notify the 6632
private firm whether a disqualifying crime exists. 6633
(3) If such fingerprinting or criminal record checks 6634
disclose a felony conviction, guilty plea or plea of nolo 6635
contendere to a felony of possession or sale of drugs, murder, 6636
manslaughter, armed robbery, rape, sexual battery, sex offense 6637
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 6638
burglary, gratification of lust or aggravated assault which has 6639
not been reversed on appeal or for which a pardon has not been 6640
granted, the new hire shall not be eligible to be employed at such 6641
school. Any employment contract for a new hire executed by the 6642
superintendent of the local school district or any employment of a 6643
new hire by a superintendent/director of a new school under the 6644
purview of the State Board of Education or by a private firm shall 6645
be voidable if the new hire receives a disqualifying criminal 6646
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record check. However, the State Board of Education or the school 6647
board may, in its discretion, allow any applicant aggrieved by the 6648
employment decision under this section to appear before the 6649
respective board, or before a hearing officer designated for such 6650
purpose, to show mitigating circumstances which may exist and 6651
allow the new hire to be employed at the school. The State Board 6652
of Education or local school board may grant waivers for such 6653
mitigating circumstances, which shall include, but not be limited 6654
to: (a) age at which the crime was committed; (b) circumstances 6655
surrounding the crime; (c) length of time since the conviction and 6656
criminal history since the conviction; (d) work history; (e) 6657
current employment and character references; (f) other evidence 6658
demonstrating the ability of the person to perform the employment 6659
responsibilities competently and that the person does not pose a 6660
threat to the health or safety of the children at the school. 6661
(4) No local school district, local school district 6662
employee, member of the State Board of Education or employee of a 6663
school under the purview of the State Board of Education shall be 6664
held liable in any employment discrimination suit in which an 6665
allegation of discrimination is made regarding an employment 6666
decision authorized under this Section 37-9-17. 6667
(5) The provisions of this section shall be fully applicable 6668
to licensed employees of the Mississippi School of the Arts (MSA), 6669
established in Section 37-140-3. 6670
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SECTION 63. Section 37-9-23, Mississippi Code of 1972, is 6671
brought forward as follows: 6672
37-9-23. The superintendent shall enter into a contract with 6673
each assistant superintendent, principal, licensed employee and 6674
person anticipating graduation from an approved teacher education 6675
program or the issuance of a proper license before October 15 or 6676
February 15, as the case may be, who is elected and approved for 6677
employment by the school board. Such contracts shall be in such 6678
form as shall be prescribed by the State Board of Education and 6679
shall be executed in duplicate with one (1) copy to be retained by 6680
the appropriate superintendent and one (1) copy to be retained by 6681
the principal, licensed employee or person recommended for a 6682
licensed position contracted with. The contract shall show the 6683
name of the district, the length of the school term, the position 6684
held (whether an assistant superintendent, principal or licensed 6685
employee), the scholastic years which it covers, the total amount 6686
of the annual salary and how same is payable. The amount of 6687
salary to be shown in such contract shall be the amount which 6688
shall have been fixed and determined by the school board, but, as 6689
to the licensed employees paid, in whole or in part, with total 6690
funding formula funds as provided for in Sections 37-151-200 6691
through 37-151-215, such salary shall not be less than that 6692
required under the provisions of Chapter 19 of this title. 6693
Beginning with the 2010-2011 school year, the contract shall 6694
include a provision allowing the school district to reduce the 6695
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state minimum salary by a pro rata daily amount in order to comply 6696
with the school district employee furlough provisions of Section 6697
37-7-308, and shall include a provision which conditions the 6698
payment of such salary upon the availability of uniform total 6699
funding formula funds. The contract entered into with any person 6700
recommended for a licensed position who is anticipating either 6701
graduation from an approved teacher education program before 6702
September 1 or December 31, as the case may be, or the issuance of 6703
a proper license before October 15 or February 15, as the case may 6704
be, shall be a conditional contract and shall include a provision 6705
stating that the contract will be null and void if, as specified 6706
in the contract, the contingency upon which the contract is 6707
conditioned has not occurred. If any superintendent, other than 6708
those elected, principal, licensed employee or person recommended 6709
for a licensed position who has been elected and approved shall 6710
not execute and return the contract within ten (10) days after 6711
same has been tendered to him for execution, then, at the option 6712
of the school board, the election of the licensed employee and the 6713
contract tendered to him shall be void and of no effect. 6714
SECTION 64. Section 37-9-25, Mississippi Code of 1972, is 6715
brought forward as follows: 6716
37-9-25. The school board shall have the power and 6717
authority, in its discretion, to employ the superintendent, unless 6718
such superintendent is elected at the November 2015 general 6719
election, for not exceeding four (4) scholastic years and the 6720
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principals or licensed employees for not exceeding three (3) 6721
scholastic years. In such case, contracts shall be entered into 6722
with such superintendents, principals and licensed employees for 6723
the number of years for which they have been employed. However, 6724
in the event that a vacancy in the office of the superintendent of 6725
schools elected at the November 2015 general election shall occur 6726
before January 1, 2019, the local school board shall then appoint 6727
the superintendent of the school district and enter into contract 6728
with the appointee for a period not to exceed three (3) scholastic 6729
years. All such contracts with licensed employees shall for the 6730
years after the first year thereof be subject to the contingency 6731
that the licensed employee may be released if, during the life of 6732
the contract, the net enrollment should decrease from that 6733
existing during the previous year and thus necessitate a reduction 6734
in the number of licensed employees during any year after the 6735
first year of the contract. However, in all such cases the 6736
licensed employee must be released before July 1 or at least 6737
thirty (30) days prior to the beginning of the school term, 6738
whichever date should occur earlier. The salary to be paid for 6739
the years after the first year of such contract shall be subject 6740
to revision, either upward or downward, in the event of an 6741
increase or decrease in the funds available for the payment 6742
thereof, but, unless such salary is revised prior to the beginning 6743
of a school year, it shall remain for such school year at the 6744
amount fixed in such contract. However, where school district 6745
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funds are available during the school year in excess of the amount 6746
anticipated at the beginning of the school year, the salary to be 6747
paid for such year may be increased to the extent that such 6748
additional funds are available, and nothing herein shall be 6749
construed to prohibit same. 6750
SECTION 65. Section 37-9-33, Mississippi Code of 1972, is 6751
brought forward as follows: 6752
37-9-33. (1) In employing and contracting with appointed 6753
superintendents, principals and licensed employees, the school 6754
board shall in all cases determine whether the amount of salary to 6755
be paid such superintendent, principals and licensed employees is 6756
in compliance with the provisions of this chapter and Section 6757
37-19-7. No contract shall be entered into where the salary of a 6758
superintendent, principal or licensed employee is to be paid, in 6759
whole or in part, from the total funding formula funds provided in 6760
Sections 37-151-200 through 37-151-215 except where the statutory 6761
requirements as to the amount of such salary are fully met. 6762
Nothing herein shall be construed, however, to prohibit any school 6763
district from increasing the salaries of appointed 6764
superintendents, principals and licensed employees above the 6765
amounts fixed by Section 37-19-7. Provided further, that school 6766
districts are authorized, in their discretion, to negotiate the 6767
salary levels applicable to licensed employees employed after July 6768
1, 2009, who are receiving retirement benefits from the retirement 6769
system of another state. Nothing herein shall be construed to 6770
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prohibit any school district from complying with the school 6771
district employee furlough provisions of Section 37-7-308. 6772
(2) Each school district shall provide an annual report to 6773
the State Department of Education on the number of licensed and 6774
nonlicensed employees receiving a salary from the school district 6775
who are also receiving retirement benefits from the Public 6776
Employees' Retirement System. This report shall include the name 6777
of the employee(s), the hours per week for which the employee is 6778
under contract and the services for which the employee is under 6779
contract. Said required annual report shall be in a form and 6780
deadline promulgated by the State Board of Education. 6781
SECTION 66. Section 37-9-35, Mississippi Code of 1972, is 6782
brought forward as follows: 6783
37-9-35. A reduction in the net enrollment during a current 6784
year from that existing in the preceding year shall not authorize 6785
the discharge or release of a teacher or teachers during such 6786
current year. 6787
SECTION 67. Section 37-9-37, Mississippi Code of 1972, is 6788
brought forward as follows: 6789
37-9-37. The amount of the salary to be paid any 6790
superintendent, principal or licensed employee shall be fixed by 6791
the school board, provided that the requirements of this title are 6792
met as to superintendents, principals and licensed employees paid, 6793
in whole or in part, from total funding formula funds as provided 6794
in Sections 37-151-200 through 37-151-215. In employing such 6795
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superintendents, principals and licensed employees and in fixing 6796
their salaries, the school boards shall take into consideration 6797
the character, professional training, experience, executive 6798
ability and teaching capacity of the licensed employee, 6799
superintendent or principal. It is the intent of the Legislature 6800
that whenever the salary of the school district superintendent is 6801
set by a school board, the board shall take into consideration the 6802
amount of money that the district spends per pupil, and shall 6803
attempt to ensure that the administrative cost of the district and 6804
the amount of the salary of the superintendent are not excessive 6805
in comparison to the per pupil expenditure of the district. 6806
SECTION 68. Section 37-9-77, Mississippi Code of 1972, is 6807
brought forward as follows: 6808
37-9-77. (1) There is established the Mississippi School 6809
Administrator Sabbatical Program which shall be available to 6810
licensed teachers employed in Mississippi school districts for not 6811
less than three (3) years, for the purpose of allowing such 6812
teachers to become local school district administrators under the 6813
conditions set forth in this section. The State Board of 6814
Education, in coordination with the Board of Trustees of State 6815
Institutions of Higher Learning, shall develop guidelines for the 6816
program. Application shall be made to the State Department of 6817
Education for the Mississippi School Administrator Sabbatical 6818
Program by qualified teachers meeting the criteria for a 6819
department-approved administration program and who have been 6820
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recommended by the local school board. Administration programs 6821
that are eligible for the administrator sabbatical program shall 6822
be limited to those that have been approved by the department by 6823
the January 1 preceding the date of admission to the program. 6824
Admission into the program shall authorize the applicant to take 6825
university course work and training leading to an administrator's 6826
license. 6827
(2) The salaries of the teachers approved for participation 6828
in the administrator sabbatical program shall be paid by the 6829
employing school district from funds other than total funding 6830
formula funds as provided in Sections 37-151-200 through 6831
37-151-215. However, the State Department of Education shall 6832
reimburse the employing school districts for the cost of the 6833
salaries and paid fringe benefits of teachers participating in the 6834
administrator sabbatical program for one (1) contract year. 6835
Reimbursement shall be made in accordance with the then current 6836
salary schedule under Section 37-19-7, except that the maximum 6837
amount of the reimbursement from state funds shall not exceed the 6838
salary prescribed for a teacher holding a Class A license and 6839
having five (5) years' experience. The local school district 6840
shall be responsible for that portion of a participating teacher's 6841
salary attributable to the local supplement and for any portion of 6842
the teacher's salary that exceeds the maximum amount allowed for 6843
reimbursement from state funds as provided in this subsection, and 6844
the school board may not reduce the local supplement payable to 6845
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that teacher. Any reimbursements made by the State Department of 6846
Education to local school districts under this section shall be 6847
subject to available appropriations and may be made only to school 6848
districts determined by the State Board of Education as being in 6849
need of administrators. 6850
(3) Such teachers participating in the program on a 6851
full-time basis shall continue to receive teaching experience and 6852
shall receive the salary prescribed in Section 37-19-7. Such 6853
participants shall be fully eligible to continue participation in 6854
the Public Employees' Retirement System and the Public School 6855
Employees Health Insurance Plan during the time they are in the 6856
program on a full-time basis. 6857
(4) As a condition for participation in the School 6858
Administrator Sabbatical Program, such teachers shall agree to 6859
employment as administrators in the sponsoring school district for 6860
not less than five (5) years following completion of administrator 6861
licensure requirements. Any person failing to comply with this 6862
employment commitment in any required school year, unless the 6863
commitment is deferred as provided in subsection (5) of this 6864
section, shall immediately be in breach of contract and become 6865
liable to the State Department of Education for that amount of his 6866
salary and paid fringe benefits paid by the state while the 6867
teacher was on sabbatical, less twenty percent (20%) of the amount 6868
of his salary and paid fringe benefits paid by the state for each 6869
year that the person was employed as an administrator following 6870
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completion of the administrator licensure requirements. In 6871
addition, the person shall become liable to the local school 6872
district for any portion of his salary and paid fringe benefits 6873
paid by the local school district while the teacher was on 6874
sabbatical that is attributable to the local salary supplement or 6875
is attributable to the amount that exceeds the maximum amount 6876
allowed for reimbursement from state funds as provided in 6877
subsection (2) of this section, less twenty percent (20%) of the 6878
amount of his salary and paid fringe benefits paid by the school 6879
district for each year that the person was employed as an 6880
administrator following completion of the administrator licensure 6881
requirements. Interest on the amount due shall accrue at the 6882
current Stafford Loan rate at the time the breach occurs. If the 6883
claim for repayment of such salary and fringe benefits is placed 6884
in the hands of an attorney for collection after default, then the 6885
obligor shall be liable for an additional amount equal to a 6886
reasonable attorney's fee. 6887
(5) If there is not an administrator position immediately 6888
available in the sponsoring school district after a person has 6889
completed the administrator licensure requirements, or if the 6890
administrator position in the sponsoring school district in which 6891
the person is employed is no longer needed before the completion 6892
of the five-year employment commitment, the local school board 6893
shall defer any part of the employment commitment that has not 6894
been met until such time as an administrator position becomes 6895
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available in the sponsoring school district. If such a deferral 6896
is made, the sponsoring school district shall employ the person as 6897
a teacher in the school district during the period of deferral, 6898
unless the person desires to be released from employment by the 6899
sponsoring school district and the district agrees to release the 6900
person from employment. If the sponsoring school district 6901
releases a person from employment, that person may be employed as 6902
an administrator in another school district in the state that is 6903
in need of administrators as determined by the State Board of 6904
Education, and that employment for the other school district shall 6905
be applied to any remaining portion of the five-year employment 6906
commitment required under this section. Nothing in this 6907
subsection shall prevent a school district from not renewing the 6908
person's contract before the end of the five-year employment 6909
commitment in accordance with the School Employment Procedures Law 6910
(Section 37-9-101 et seq.). However, if the person is not 6911
employed as an administrator by another school district after 6912
being released by the sponsoring school district, or after his 6913
contract was not renewed by the sponsoring school district, he 6914
shall be liable for repayment of the amount of his salary and 6915
fringe benefits as provided in subsection (4) of this section. 6916
(6) All funds received by the State Department of Education 6917
from the repayment of salary and fringe benefits paid by the state 6918
from program participants shall be deposited in the Mississippi 6919
Critical Teacher Shortage Fund. 6920
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SECTION 69. Section 37-11-11, Mississippi Code of 1972, is 6921
brought forward as follows: 6922
37-11-11. (1) For the purposes of this section, the term 6923
"hospital" shall include community-based programs and facilities 6924
licensed or approved by the Department of Mental Health for 6925
treatment of chemical substance use and abuse. 6926
(2) When five (5) or more children of educable mind between 6927
the ages of six (6) and twenty-one (21) years who are capable of 6928
pursuing courses of instruction at secondary school level or below 6929
shall be confined in a hospital for an extended period of time, 6930
such children shall be eligible for and shall be provided with a 6931
program of education, instruction and training within such 6932
hospital in the manner hereinafter set forth, provided that the 6933
need for hospitalization for an extended period of time shall be 6934
certified by the chief of staff of such hospital and that the 6935
ability of such children to do school work shall be certified by 6936
qualified psychologists and/or educators approved by the State 6937
Board of Education. 6938
(3) When five (5) or more children as set forth herein shall 6939
be confined in the same hospital, then the board of trustees of 6940
the school district in which such hospital is located shall be 6941
authorized and empowered, in its discretion, to provide a program 6942
of education, instruction and training to such children within 6943
such hospital. For such purpose the board shall be authorized and 6944
empowered to employ and contract with teachers, provide textbooks 6945
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and other instructional materials, correspondence courses and 6946
instructional equipment and appliances, and otherwise provide for 6947
the furnishing of such program and to administer and supervise the 6948
same. Such program shall be furnished in a manner as prescribed 6949
by rules and regulations adopted by the State Board of Education. 6950
The state board shall have full power to adopt such rules, 6951
regulations, policies and standards as it may deem necessary to 6952
carry out the purpose of this section, including the establishment 6953
of qualifications of any teachers employed under the provisions 6954
hereof. It is expressly provided, however, that no program shall 6955
be furnished under this section except in a hospital licensed for 6956
operation by the State of Mississippi and only in cases where such 6957
hospital shall consent thereto, shall provide any classroom space, 6958
furniture and facilities which may be deemed necessary, and 6959
otherwise shall cooperate in carrying out the provisions of this 6960
section. Before such program of education, instruction and 6961
training shall be provided, the governing authorities of said 6962
hospital shall enter into a contract with the board of trustees of 6963
the school district which stipulates that said hospital agrees to 6964
furnish the necessary classroom space, furniture and facilities 6965
and provide for their upkeep, fuel and such other things as may be 6966
necessary for the successful operation of the program of 6967
education, instruction and training. 6968
(4) In cases when children who are residents of school 6969
districts other than the school district providing such education 6970
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program may participate in the program prescribed in this section. 6971
The boards of trustees of the districts of which such children are 6972
residents shall pay to the board of trustees of the school 6973
district furnishing such school program the pro rata part of the 6974
expenses of furnishing such school program within such hospital, 6975
which payments may be made from any funds available for the 6976
operation and maintenance of the schools of the district in which 6977
such child is a resident. The amount so paid shall be based upon, 6978
but shall not exceed, the current per pupil cost of education in 6979
the school district of the child's residence, and the amount to be 6980
so paid by the school district of the child's residence shall be 6981
fixed by the State Board of Education. If the amount to be paid 6982
which has been so fixed shall not be paid upon due demand made by 6983
the school district providing a program therefor, then the State 6984
Board of Education shall deduct any such amounts from the next 6985
allocation of total funding formula funds as provided in Sections 6986
37-151-200 through 37-151-215 attributable to any such district 6987
and shall remit the same to the board of trustees of such school 6988
district which is furnishing such school program. If the amounts 6989
so paid by such school districts of the child's residence shall 6990
not be sufficient to pay the expenses of furnishing such program, 6991
then the remainder of such expenses over and above that so paid by 6992
such school districts shall be paid by the State Board of 6993
Education to the school district providing such school program out 6994
of any funds available to the State Board of Education, including 6995
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total funding formula funds. However, such payments shall not 6996
exceed Three Hundred Dollars ($300.00) per child in net enrollment 6997
in such program. Provided, however, the State Board of Education 6998
shall in its discretion be authorized and empowered to exceed the 6999
said Three Hundred Dollars ($300.00) per pupil limitation where 7000
such limitation would make it impractical to operate such a 7001
program. 7002
SECTION 70. Section 37-13-63, Mississippi Code of 1972, is 7003
brought forward as follows: 7004
37-13-63. (1) Except as otherwise provided, all public 7005
schools in the state shall be kept in session for at least one 7006
hundred eighty (180) days in each scholastic year. 7007
(2) If the school board of any school district shall 7008
determine that it is not economically feasible or practicable to 7009
operate any school within the district for the full one hundred 7010
eighty (180) days required for a scholastic year as contemplated 7011
due to an enemy attack, a man-made, technological or natural 7012
disaster or extreme weather emergency in which the Governor has 7013
declared a disaster or state of emergency under the laws of this 7014
state or the President of the United States has declared an 7015
emergency or major disaster to exist in this state, the school 7016
board may notify the State Department of Education of the disaster 7017
or weather emergency and submit a plan for altering the school 7018
term. If the State Board of Education finds the disaster or 7019
extreme weather emergency to be the cause of the school not 7020
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operating for the contemplated school term and that such school 7021
was in a school district covered by the Governor's or President's 7022
disaster or state of emergency declaration, it may permit that 7023
school board to operate the schools in its district for less than 7024
one hundred eighty (180) days; however, in no instance of a 7025
declared disaster or state of emergency under the provisions of 7026
this subsection shall a school board receive payment from the 7027
State Department of Education for per pupil expenditure for pupils 7028
in net enrollment in excess of ten (10) days. 7029
SECTION 71. Section 37-13-64, Mississippi Code of 1972, is 7030
brought forward as follows: 7031
37-13-64. (1) Beginning with the 2010-2011 school term, any 7032
school district required to close the operation of its schools by 7033
decision of the superintendent, under the authority provided by 7034
the local school board, due to extreme weather conditions, in the 7035
best interests of the health and safety of the students, 7036
administration and staff of the school district, shall be exempt 7037
from the requirement that schools be kept in session a minimum of 7038
one hundred eighty (180) days. Any school district that closes 7039
its schools for reasons authorized under this section shall 7040
receive payment from the State Department of Education for per 7041
pupil expenditure for pupils in net enrollment not to exceed ten 7042
(10) days. 7043
(2) In the event weather conditions are cause for the 7044
closure of operations of schools in any local school district in 7045
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any instance in which a state of emergency has not been declared 7046
pursuant to Section 37-151-211(4), the State Board of Education 7047
may consider, on a case-by-case basis, requests submitted by local 7048
school districts to alter the school calendar consistent with the 7049
provision of that section. 7050
SECTION 72. Section 37-13-69, Mississippi Code of 1972, is 7051
brought forward as follows: 7052
37-13-69. All public schools of this state may observe such 7053
legal holidays as may be designated by the local school board, and 7054
no sessions of school shall be held on holidays so designated and 7055
observed. However, all schools shall operate for the full minimum 7056
term required by law exclusive of the holidays authorized by this 7057
section. The holidays thus observed shall not be deducted from 7058
the reports of the superintendents, principals and teachers, and 7059
such superintendents, principals and teachers shall be allowed pay 7060
for full time as though they had taught on those holidays. 7061
However, such holidays shall not be counted or included in any way 7062
in determining the net enrollment of the school. 7063
SECTION 73. Section 37-19-7, Mississippi Code of 1972, is 7064
brought forward as follows: 7065
37-19-7. (1) Teachers' salaries in each public school 7066
district shall be determined and paid in accordance with the scale 7067
for teachers' salaries as provided in this subsection. For 7068
teachers holding the following types of licenses or the equivalent 7069
as determined by the State Board of Education, and the following 7070
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number of years of teaching experience, the scale shall be as 7071
follows: 7072
2022-2023 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY SCHEDULE 7073
Exp. AAAA AAA AA A 7074
0 45,500.00 44,000.00 43,000.00 41,500.00 7075
1 46,100.00 44,550.00 43,525.00 41,900.00 7076
2 46,700.00 45,100.00 44,050.00 42,300.00 7077
3 47,300.00 45,650.00 44,575.00 42,700.00 7078
4 47,900.00 46,200.00 45,100.00 43,100.00 7079
5 49,250.00 47,500.00 46,350.00 44,300.00 7080
6 49,850.00 48,050.00 46,875.00 44,700.00 7081
7 50,450.00 48,600.00 47,400.00 45,100.00 7082
8 51,050.00 49,150.00 47,925.00 45,500.00 7083
9 51,650.00 49,700.00 48,450.00 45,900.00 7084
10 53,000.00 51,000.00 49,700.00 47,100.00 7085
11 53,600.00 51,550.00 50,225.00 47,500.00 7086
12 54,200.00 52,100.00 50,750.00 47,900.00 7087
13 54,800.00 52,650.00 51,275.00 48,300.00 7088
14 55,400.00 53,200.00 51,800.00 48,700.00 7089
15 56,750.00 54,500.00 53,050.00 49,900.00 7090
16 57,350.00 55,050.00 53,575.00 50,300.00 7091
17 57,950.00 55,600.00 54,100.00 50,700.00 7092
18 58,550.00 56,150.00 54,625.00 51,100.00 7093
19 59,150.00 56,700.00 55,150.00 51,500.00 7094
20 60,500.00 58,000.00 56,400.00 52,700.00 7095
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21 61,100.00 58,550.00 56,925.00 53,100.00 7096
22 61,700.00 59,100.00 57,450.00 53,500.00 7097
23 62,300.00 59,650.00 57,975.00 53,900.00 7098
24 62,900.00 60,200.00 58,500.00 54,300.00 7099
25 65,400.00 62,700.00 61,000.00 56,800.00 7100
26 66,000.00 63,250.00 61,525.00 57,200.00 7101
27 66,600.00 63,800.00 62,050.00 57,600.00 7102
28 67,200.00 64,350.00 62,575.00 58,000.00 7103
29 67,800.00 64,900.00 63,100.00 58,400.00 7104
30 68,400.00 65,450.00 63,625.00 58,800.00 7105
31 69,000.00 66,000.00 64,150.00 59,200.00 7106
32 69,600.00 66,550.00 64,675.00 59,600.00 7107
33 70,200.00 67,100.00 65,200.00 60,000.00 7108
34 70,800.00 67,650.00 65,725.00 60,400.00 7109
35 7110
& above 71,400.00 68,200.00 66,250.00 60,800.00 7111
2024-2025 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY SCHEDULE 7112
The school district, with assistance from the Department of 7113
Education, shall consider the teacher's years of service and 7114
license type and determine the corresponding salary for the 7115
retired teacher. After determining the retired teacher's 7116
corresponding salary, the school district may allocate up to one 7117
hundred twenty-five percent (125%) of the amount provided under 7118
the salary schedule for such teacher, as applicable, as salary and 7119
assessment under the program. 7120
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After determining the retired teacher's salary, the school 7121
district may pay no more than fifty percent (50%) of the retired 7122
teacher's compensation as salary to the retired teacher. The 7123
remaining fifty percent (50%) of the retired teacher's 7124
compensation as salary shall be paid by the school district to 7125
PERS as a pension liability participation assessment. 7126
It is the intent of the Legislature that any state funds made 7127
available for salaries of licensed personnel in excess of the 7128
funds paid for such salaries for the 1986-1987 school year shall 7129
be paid to licensed personnel pursuant to a personnel appraisal 7130
and compensation system implemented by the State Board of 7131
Education. The State Board of Education shall have the authority 7132
to adopt and amend rules and regulations as are necessary to 7133
establish, administer and maintain the system. 7134
All teachers employed on a full-time basis shall be paid a 7135
minimum salary in accordance with the above scale. However, no 7136
school district shall receive any funds under this section for any 7137
school year during which the local supplement paid to any 7138
individual teacher shall have been reduced to a sum less than that 7139
paid to that individual teacher for performing the same duties 7140
from local supplement during the immediately preceding school 7141
year. The amount actually spent for the purposes of group health 7142
and/or life insurance shall be considered as a part of the 7143
aggregate amount of local supplement but shall not be considered a 7144
part of the amount of individual local supplement. 7145
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The level of professional training of each teacher to be used 7146
in establishing the salary for the teacher for each year shall be 7147
determined by the type of valid teacher's license issued to that 7148
teacher on or before October 1 of the current school year. 7149
However, school districts are authorized, in their discretion, to 7150
negotiate the salary levels applicable to licensed employees who 7151
are receiving retirement benefits from the retirement system of 7152
another state. 7153
(2) (a) The following employees shall receive an annual 7154
salary supplement in the amount of Six Thousand Dollars 7155
($6,000.00), plus fringe benefits, in addition to any other 7156
compensation to which the employee may be entitled: 7157
(i) Any licensed teacher or retired teacher 7158
employed by a school district under the authority of Section 7159
25-11-126 who has met the requirements and acquired a Master 7160
Teacher certificate from the National Board for Professional 7161
Teaching Standards and who is employed by a local school board or 7162
the State Board of Education as a teacher and not as an 7163
administrator. Such teacher shall submit documentation to the 7164
State Department of Education that the certificate was received 7165
prior to October 15 in order to be eligible for the full salary 7166
supplement in the current school year, or the teacher shall submit 7167
such documentation to the State Department of Education prior to 7168
February 15 in order to be eligible for a prorated salary 7169
supplement beginning with the second term of the school year. 7170
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(ii) A licensed nurse who has met the requirements 7171
and acquired a certificate from the National Board for 7172
Certification of School Nurses, Inc., and who is employed by a 7173
local school board or the State Board of Education as a school 7174
nurse and not as an administrator. The licensed school nurse 7175
shall submit documentation to the State Department of Education 7176
that the certificate was received before October 15 in order to be 7177
eligible for the full salary supplement in the current school 7178
year, or the licensed school nurse shall submit the documentation 7179
to the State Department of Education before February 15 in order 7180
to be eligible for a prorated salary supplement beginning with the 7181
second term of the school year. 7182
(iii) Any licensed school counselor who has met 7183
the requirements and acquired a National Certified School 7184
Counselor (NCSC) endorsement from the National Board of Certified 7185
Counselors and who is employed by a local school board or the 7186
State Board of Education as a counselor and not as an 7187
administrator. Such licensed school counselor shall submit 7188
documentation to the State Department of Education that the 7189
endorsement was received prior to October 15 in order to be 7190
eligible for the full salary supplement in the current school 7191
year, or the licensed school counselor shall submit such 7192
documentation to the State Department of Education prior to 7193
February 15 in order to be eligible for a prorated salary 7194
supplement beginning with the second term of the school year. 7195
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However, any school counselor who started the National Board for 7196
Professional Teaching Standards process for school counselors 7197
between June 1, 2003, and June 30, 2004, and completes the 7198
requirements and acquires the Master Teacher certificate shall be 7199
entitled to the master teacher supplement, and those counselors 7200
who complete the process shall be entitled to a one-time 7201
reimbursement for the actual cost of the process as outlined in 7202
paragraph (b) of this subsection. 7203
(iv) Any licensed speech-language pathologist and 7204
audiologist who has met the requirements and acquired a 7205
Certificate of Clinical Competence from the American 7206
Speech-Language-Hearing Association and any certified academic 7207
language therapist (CALT) who has met the certification 7208
requirements of the Academic Language Therapy Association and who 7209
is employed by a local school board. The licensed speech-language 7210
pathologist and audiologist and certified academic language 7211
therapist shall submit documentation to the State Department of 7212
Education that the certificate or endorsement was received before 7213
October 15 in order to be eligible for the full salary supplement 7214
in the current school year, or the licensed speech-language 7215
pathologist and audiologist and certified academic language 7216
therapist shall submit the documentation to the State Department 7217
of Education before February 15 in order to be eligible for a 7218
prorated salary supplement beginning with the second term of the 7219
school year. 7220
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(v) Any licensed athletic trainer who has met the 7221
requirements and acquired Board Certification for the Athletic 7222
Trainer from the Board of Certification, Inc., and who is employed 7223
by a local school board or the State Board of Education as an 7224
athletic trainer and not as an administrator. The licensed 7225
athletic trainer shall submit documentation to the State 7226
Department of Education that the certificate was received before 7227
October 15 in order to be eligible for the full salary supplement 7228
in the current school year, or the licensed athletic trainer shall 7229
submit the documentation to the State Department of Education 7230
before February 15 in order to be eligible for a prorated salary 7231
supplement beginning with the second term of the school year. 7232
(b) An employee shall be reimbursed for the actual cost 7233
of completing each component of acquiring the certificate or 7234
endorsement, excluding any costs incurred for postgraduate 7235
courses, not to exceed Five Hundred Dollars ($500.00) for each 7236
component, not to exceed four (4) components, for a teacher, 7237
school counselor or speech-language pathologist and audiologist, 7238
regardless of whether or not the process resulted in the award of 7239
the certificate or endorsement. A local school district or any 7240
private individual or entity may pay the cost of completing the 7241
process of acquiring the certificate or endorsement for any 7242
employee of the school district described under paragraph (a), and 7243
the State Department of Education shall reimburse the school 7244
district for such cost, regardless of whether or not the process 7245
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resulted in the award of the certificate or endorsement. If a 7246
private individual or entity has paid the cost of completing the 7247
process of acquiring the certificate or endorsement for an 7248
employee, the local school district may agree to directly 7249
reimburse the individual or entity for such cost on behalf of the 7250
employee. 7251
(c) All salary supplements, fringe benefits and process 7252
reimbursement authorized under this subsection shall be paid 7253
directly by the State Department of Education to the local school 7254
district and shall be in addition to its allotments from the total 7255
funding formula provided in Sections 37-151-200 through 37-151-215 7256
and not a part thereof in accordance with regulations promulgated 7257
by the State Board of Education. Local school districts shall not 7258
reduce the local supplement paid to any employee receiving such 7259
salary supplement, and the employee shall receive any local 7260
supplement to which employees with similar training and experience 7261
otherwise are entitled. However, an educational employee shall 7262
receive the salary supplement in the amount of Six Thousand 7263
Dollars ($6,000.00) for only one (1) of the qualifying 7264
certifications authorized under paragraph (a) of this subsection. 7265
No school district shall provide more than one (1) annual salary 7266
supplement under the provisions of this subsection to any one (1) 7267
individual employee holding multiple qualifying national 7268
certifications. 7269
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(d) If an employee for whom such cost has been paid, in 7270
full or in part, by a local school district or private individual 7271
or entity fails to complete the certification or endorsement 7272
process, the employee shall be liable to the school district or 7273
individual or entity for all amounts paid by the school district 7274
or individual or entity on behalf of that employee toward his or 7275
her certificate or endorsement. 7276
(3) The following employees shall receive an annual salary 7277
supplement in the amount of Four Thousand Dollars ($4,000.00), 7278
plus fringe benefits, in addition to any other compensation to 7279
which the employee may be entitled: 7280
Effective July 1, 2016, if funds are available for that 7281
purpose, any licensed teacher or retired teacher employed by a 7282
local school district under the authority of Section 25-11-126 who 7283
has met the requirements and acquired a Master Teacher Certificate 7284
from the National Board for Professional Teaching Standards and 7285
who is employed in a public school district located in one (1) of 7286
the following counties: Claiborne, Adams, Jefferson, Wilkinson, 7287
Amite, Bolivar, Coahoma, Leflore, Quitman, Sharkey, Issaquena, 7288
Sunflower, Washington, Holmes, Yazoo and Tallahatchie. The salary 7289
supplement awarded under the provisions of this subsection (3) 7290
shall be in addition to the salary supplement awarded under the 7291
provisions of subsection (2) of this section. 7292
Teachers who meet the qualifications for a salary supplement 7293
under this subsection (3) who are assigned for less than one (1) 7294
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full year or less than full time for the school year shall receive 7295
the salary supplement in a prorated manner, with the portion of 7296
the teacher's assignment to the critical geographic area to be 7297
determined as of June 15th of the school year. 7298
(4) (a) This subsection shall be known and may be cited as 7299
the "Mississippi Performance-Based Pay (MPBP)" plan. In addition 7300
to the minimum base pay described in this section, only if funds 7301
are available for that purpose, the State of Mississippi may 7302
provide monies from state funds to school districts for the 7303
purposes of rewarding licensed teachers, administrators and 7304
nonlicensed personnel at individual schools showing improvement in 7305
student test scores. The MPBP plan shall be developed by the 7306
State Department of Education based on the following criteria: 7307
(i) It is the express intent of this legislation 7308
that the MPBP plan shall utilize only existing standards of 7309
accreditation and assessment as established by the State Board of 7310
Education. 7311
(ii) To ensure that all of Mississippi's teachers, 7312
administrators and nonlicensed personnel at all schools have equal 7313
access to the monies set aside in this section, the MPBP program 7314
shall be designed to calculate each school's performance as 7315
determined by the school's increase in scores from the prior 7316
school year. The MPBP program shall be based on a standardized 7317
scores rating where all levels of schools can be judged in a 7318
statistically fair and reasonable way upon implementation. At the 7319
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end of each year, after all student achievement scores have been 7320
standardized, the State Department of Education shall implement 7321
the MPBP plan. 7322
(iii) To ensure all teachers cooperate in the 7323
spirit of teamwork, individual schools shall submit a plan to the 7324
local school district to be approved before the beginning of each 7325
school year. The plan shall include, but not be limited to, how 7326
all teachers, regardless of subject area, and administrators will 7327
be responsible for improving student achievement for their 7328
individual school. 7329
(b) The State Board of Education shall develop the 7330
processes and procedures for designating schools eligible to 7331
participate in the MPBP. State assessment results, growth in 7332
student achievement at individual schools and other measures 7333
deemed appropriate in designating successful student achievement 7334
shall be used in establishing MPBP criteria. 7335
(5) (a) If funds are available for that purpose, each 7336
school in Mississippi shall have mentor teachers, as defined by 7337
Sections 37-9-201 through 37-9-213, who shall receive additional 7338
base compensation provided for by the State Legislature in the 7339
amount of One Thousand Dollars ($1,000.00) per each beginning 7340
teacher that is being mentored. The additional state compensation 7341
shall be limited to those mentor teachers that provide mentoring 7342
services to beginning teachers. For the purposes of such funding, 7343
a beginning teacher shall be defined as any teacher in any school 7344
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in Mississippi that has less than one (1) year of classroom 7345
experience teaching in a public school. For the purposes of such 7346
funding, no full-time academic teacher shall mentor more than two 7347
(2) beginning teachers. 7348
(b) To be eligible for this state funding, the 7349
individual school must have a classroom management program 7350
approved by the local school board. 7351
(6) Effective with the 2014-2015 school year, the school 7352
districts participating in the Pilot Performance-Based 7353
Compensation System pursuant to Section 37-19-9 may award 7354
additional teacher and administrator pay based thereon. 7355
SECTION 74. Section 37-21-6, Mississippi Code of 1972, is 7356
brought forward as follows: 7357
37-21-6. The Mississippi Early Childhood Education Program 7358
shall be the kindergarten program implemented by local school 7359
districts. 7360
SECTION 75. Section 37-21-7, Mississippi Code of 1972, is 7361
brought forward as follows: 7362
37-21-7. (1) This section shall be referred to as the 7363
"Mississippi Elementary Schools Assistant Teacher Program," the 7364
purpose of which shall be to provide an early childhood education 7365
program that assists in the instruction of basic skills. The 7366
State Board of Education is authorized, empowered and directed to 7367
implement a statewide system of assistant teachers in kindergarten 7368
classes and in the first, second and third grades. The assistant 7369
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teacher shall assist pupils in actual instruction under the strict 7370
supervision of a licensed teacher. 7371
(2) (a) Except as otherwise authorized under subsection 7372
(7), each school district shall employ the total number of 7373
assistant teachers funded under subsection (6) of this section. 7374
The superintendent of each district shall assign the assistant 7375
teachers to the kindergarten, first-, second- and third-grade 7376
classes in the district in a manner that will promote the maximum 7377
efficiency, as determined by the superintendent, in the 7378
instruction of skills such as verbal and linguistic skills, 7379
logical and mathematical skills, and social skills. 7380
(b) If a licensed teacher to whom an assistant teacher 7381
has been assigned is required to be absent from the classroom, the 7382
assistant teacher may assume responsibility for the classroom in 7383
lieu of a substitute teacher. However, no assistant teacher shall 7384
assume sole responsibility of the classroom for more than three 7385
(3) consecutive school days. Further, in no event shall any 7386
assistant teacher be assigned to serve as a substitute teacher for 7387
any teacher other than the licensed teacher to whom that assistant 7388
teacher has been assigned. 7389
(3) Assistant teachers shall have, at a minimum, a high 7390
school diploma or a High School Equivalency Diploma equivalent, 7391
and shall show demonstratable proficiency in reading and writing 7392
skills. The State Department of Education shall develop a testing 7393
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procedure for assistant teacher applicants to be used in all 7394
school districts in the state. 7395
(4) (a) In order to receive funding, each school district 7396
shall: 7397
(i) Submit a plan on the implementation of a 7398
reading improvement program to the State Department of Education; 7399
and 7400
(ii) Develop a plan of educational accountability 7401
and assessment of performance, including pretests and posttests, 7402
for reading in Grades 1 through 6. 7403
(b) Additionally, each school district shall: 7404
(i) Provide annually a mandatory preservice 7405
orientation session, using an existing in-school service day, for 7406
administrators and teachers on the effective use of assistant 7407
teachers as part of a team in the classroom setting and on the 7408
role of assistant teachers, with emphasis on program goals; 7409
(ii) Hold periodic workshops for administrators 7410
and teachers on the effective use and supervision of assistant 7411
teachers; 7412
(iii) Provide training annually on specific 7413
instructional skills for assistant teachers; 7414
(iv) Annually evaluate their program in accordance 7415
with their educational accountability and assessment of 7416
performance plan; and 7417
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(v) Designate the necessary personnel to supervise 7418
and report on their program. 7419
(5) The State Department of Education shall: 7420
(a) Develop and assist in the implementation of a 7421
statewide uniform training module, subject to the availability of 7422
funds specifically appropriated therefor by the Legislature, which 7423
shall be used in all school districts for training administrators, 7424
teachers and assistant teachers. The module shall provide for the 7425
consolidated training of each assistant teacher and teacher to 7426
whom the assistant teacher is assigned, working together as a 7427
team, and shall require further periodic training for 7428
administrators, teachers and assistant teachers regarding the role 7429
of assistant teachers; 7430
(b) Annually evaluate the program on the district and 7431
state level. Subject to the availability of funds specifically 7432
appropriated therefor by the Legislature, the department shall 7433
develop: (i) uniform evaluation reports, to be performed by the 7434
principal or assistant principal, to collect data for the annual 7435
overall program evaluation conducted by the department; or (ii) a 7436
program evaluation model that, at a minimum, addresses process 7437
evaluation; and 7438
(c) Promulgate rules, regulations and such other 7439
standards deemed necessary to effectuate the purposes of this 7440
section. Noncompliance with the provisions of this section and 7441
any rules, regulations or standards adopted by the department may 7442
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result in a violation of compulsory accreditation standards as 7443
established by the State Board of Education and the Commission on 7444
School Accreditation. 7445
(6) Each school district shall be allotted sufficient 7446
funding under the total funding formula provided in Sections 7447
37-151-200 through 37-151-215 for the purpose of employing 7448
assistant teachers. No assistant teacher shall be paid less than 7449
the amount he or she received in the prior school year. No school 7450
district shall receive any funds under this section for any school 7451
year during which the aggregate amount of the local contribution 7452
to the salaries of assistant teachers by the district shall have 7453
been reduced below such amount for the previous year. 7454
For assistant teachers, the minimum annual salary shall be as 7455
follows: 7456
2022-2023 and Subsequent Years Minimum Salary........... $17,000.00 7457
In addition, for each one percent (1%) that the Sine Die 7458
General Fund Revenue Estimate Growth exceeds five percent (5%) in 7459
fiscal year 2006, as certified by the Legislative Budget Office to 7460
the State Board of Education and subject to the specific 7461
appropriation therefor by the Legislature, the State Board of 7462
Education shall revise the salary scale in the appropriate year to 7463
provide an additional one percent (1%) across-the-board increase 7464
in the base salaries for assistant teachers. The State Board of 7465
Education shall revise the salaries prescribed above for assistant 7466
teachers to conform to any adjustments made in prior fiscal years 7467
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due to revenue growth over and above five percent (5%). The 7468
assistant teachers shall not be restricted to working only in the 7469
grades for which the funds were allotted, but may be assigned to 7470
other classes as provided in subsection (2)(a) of this section. 7471
(7) (a) As an alternative to employing assistant teachers, 7472
any school district may use the funding provided under subsection 7473
(6) of this section for the purpose of employing licensed teachers 7474
for kindergarten, first-, second- and third-grade classes; 7475
however, no school district shall be authorized to use the funding 7476
for assistant teachers for the purpose of employing licensed 7477
teachers unless the district has established that the employment 7478
of licensed teachers using such funds will reduce the 7479
teacher:student ratio in the kindergarten, first-, second- and 7480
third-grade classes. All state funds for assistant teachers shall 7481
be applied to reducing teacher:student ratio in Grades K-3. 7482
It is the intent of the Legislature that no school district 7483
shall dismiss any assistant teacher for the purpose of using the 7484
assistant teacher funding to employ licensed teachers. School 7485
districts may rely only upon normal attrition to reduce the number 7486
of assistant teachers employed in that district. 7487
(b) Districts meeting the highest levels of 7488
accreditation standards, as defined by the State Board of 7489
Education, shall be exempted from the provisions of subsection (4) 7490
of this section. 7491
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SECTION 76. Section 37-23-1, Mississippi Code of 1972, is 7492
brought forward as follows: 7493
37-23-1. The purpose of Sections 37-23-1 through 37-23-159 7494
is to mandate free appropriate public educational services and 7495
equipment for exceptional children in the age range three (3) 7496
through twenty (20) for whom the regular school programs are not 7497
adequate and to provide, on a permissive basis, a free appropriate 7498
public education, as a part of the state's early intervention 7499
system in accordance with regulations developed in collaboration 7500
with the agency designated as "lead agency" under Part C of the 7501
Individuals with Disabilities Education Act. The portion of the 7502
regulations developed in collaboration with the lead agency which 7503
are necessary to implement the programs under the authority of the 7504
State Board of Education shall be presented to the State Board of 7505
Education for adoption. This specifically includes, but shall not 7506
be limited to, provision for day schools for the deaf and blind of 7507
an age under six (6) years, where early training is in accordance 7508
with the most advanced and best approved scientific methods of 7509
instruction, always taking into consideration the best interests 7510
of the child and his improvement at a time during which he is most 7511
susceptible of improvement. Educational programs to exceptional 7512
children under the age of three (3) years shall be eligible for 7513
total funding formula funds provided in Sections 37-151-200 7514
through 37-151-215. 7515
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All references in the laws of this state to the "Individuals 7516
with Disabilities Education Act" or to the "IDEA" shall be 7517
construed to include any subsequent amendments to that act. 7518
The educational programs and services provided for 7519
exceptional children in Sections 37-23-1 through 37-23-15, 7520
37-23-31 through 37-23-35, 37-23-61 through 37-23-75 and 37-23-77 7521
shall be designed to provide individualized appropriate special 7522
education and related services that enable a child to reach his or 7523
her appropriate and uniquely designed goals for success. The 7524
State Board of Education shall establish an accountability system 7525
for special education programs and students with disabilities. 7526
The system shall establish accountability standards for services 7527
provided to improve the educational skills designed to prepare 7528
children for life after their years in school. These standards 7529
shall be a part of the accreditation system and shall be 7530
implemented before July 1, 1996. 7531
The State Department of Education shall establish goals for 7532
the performance of children with disabilities that will promote 7533
the purpose of IDEA and are consistent, to the maximum extent 7534
appropriate, with other goals and standards for children 7535
established by the State Department of Education. Performance 7536
indicators used to assess progress toward achieving those goals 7537
that, at a minimum, address the performance of children with 7538
disabilities on assessments, drop-out rates, and graduation rates 7539
shall be developed. Every two (2) years, the progress toward 7540
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meeting the established performance goals shall be reported to the 7541
public. 7542
SECTION 77. Section 37-23-15, Mississippi Code of 1972, is 7543
brought forward as follows: 7544
37-23-15. (1) The State Department of Education, in 7545
accordance with Sections 37-23-1 through 37-23-75, and any 7546
additional authority granted in this chapter, shall: 7547
(a) Adopt pilot programs under which certain students 7548
enrolled or enrolling in public schools in this state shall be 7549
tested for dyslexia and related disorders as may be necessary. 7550
The pilot programs shall provide that upon the request of a 7551
parent, student, school nurse, classroom teacher or other school 7552
personnel who has reason to believe that a student has a need to 7553
be tested for dyslexia, such student shall be reviewed for 7554
appropriate services. However, a student shall not be tested for 7555
dyslexia whose parent or guardian objects thereto on grounds that 7556
such testing conflicts with his conscientiously held religious 7557
beliefs. 7558
(b) In accordance with the pilot programs adopted by 7559
the State Department of Education, such school boards shall 7560
provide remediation in an appropriate multi-sensory, systematic 7561
language-based regular education program or programs, as 7562
determined by the school district, such as the Texas Scottish Rite 7563
Hospital Dyslexia Training Program, pertinent to the child's 7564
physical and educational disorders or the sensory area in need of 7565
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remediation for those students who do not qualify for special 7566
education services. 7567
(c) The State Department of Education, by not later 7568
than January 1, 1997, shall make recommendations to the school 7569
boards designated for the pilot programs for the delivery of 7570
services to students who are identified as dyslexic. 7571
(d) For the purposes of this section: 7572
(i) "Dyslexia" means a language processing 7573
disorder which may be manifested by difficulty processing 7574
expressive or receptive, oral or written language despite adequate 7575
intelligence, educational exposure and cultural opportunity. 7576
Specific manifestations may occur in one or more areas, including 7577
difficulty with the alphabet, reading comprehension, writing and 7578
spelling. 7579
(ii) "Related disorders" shall include disorders 7580
similar to or related to dyslexia such as developmental auditory 7581
imperception, dysphasia, specific developmental dyslexia, 7582
dyspraxia, developmental dysgraphia and developmental spelling 7583
disability. 7584
(e) Local school districts designated for the pilot 7585
programs may utilize any source of funds other than the total 7586
funding formula funds provided in Sections 37-151-200 through 7587
37-151-215 to provide any services under this section. 7588
(f) Nothing in this section shall be construed to 7589
require any school district to implement this section unless the 7590
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local school board, by resolution spread on its minutes, 7591
voluntarily agrees to comply with this section and any regulations 7592
promulgated under this section. Any local school board may 7593
withdraw from participation in the program authorized under this 7594
section by providing written notice of its determination to 7595
withdraw to the State Department of Education no later than June 1 7596
of the preceding fiscal year. 7597
(2) State funding for the pilot programs for testing 7598
students for dyslexia shall be subject to the availability of 7599
funds specifically appropriated therefor by the Legislature. 7600
SECTION 78. Section 37-23-69, Mississippi Code of 1972, is 7601
brought forward as follows: 7602
37-23-69. The State Department of Education may determine 7603
and pay the amount of the financial assistance to be made 7604
available to each applicant, and see that all applicants and the 7605
programs for them meet the requirements of the program for 7606
exceptional children. No financial assistance shall exceed the 7607
obligation actually incurred by the applicant for educational 7608
costs, which shall include special education and related services 7609
as defined by the Mississippi Department of Education Policies and 7610
Procedures Regarding Children with Disabilities under the federal 7611
Individuals with Disabilities Education Act (IDEA). Within the 7612
amount of available state funds for that purpose, each such 7613
applicant may receive assistance according to the following 7614
allowances: 7615
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(a) If the applicant chooses to attend a private 7616
school, a parochial school or a speech, hearing and/or language 7617
clinic having an appropriate program for the applicant, and if the 7618
school or clinic meets federal and state regulations, then the 7619
educational costs reimbursement will be one hundred percent (100%) 7620
of the first Six Hundred Dollars ($600.00) in educational costs 7621
charged by the school or clinic; or, if the applicant is under six 7622
(6) years of age, and no program appropriate for the child exists 7623
in the public schools of his domicile, then the reimbursement 7624
shall be one hundred percent (100%) of the first Six Hundred 7625
Dollars ($600.00) in educational costs charged by the school or 7626
clinic, and fifty percent (50%) of the next Eight Hundred Dollars 7627
($800.00) in educational costs charged by the school or clinic; 7628
(b) A public school district shall be reimbursed for 7629
the educational costs of an applicant up to an annual maximum 7630
based on a cost factor determined by the State Board of Education 7631
if the following conditions are met: (i) an applicant in the age 7632
range six (6) through twenty (20) requests the public school 7633
district where he resides to provide an education for him and the 7634
nature of the applicant's educational problem is such that, 7635
according to best educational practices, it cannot be met in the 7636
public school district where the child resides; (ii) the public 7637
school district decides to provide the applicant a free 7638
appropriate education by placing him in a private school, a 7639
parochial school or a speech, hearing and/or language clinic 7640
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having an appropriate program for the applicant; (iii) the program 7641
meets federal and state regulations; and (iv) the applicant is 7642
approved for financial assistance by a State Level Review Board 7643
established by the State Board of Education. The Review Board 7644
will act on financial assistance requests within five (5) working 7645
days of receipt. Nothing in this paragraph shall prevent two (2) 7646
or more public school districts from forming a cooperative to meet 7647
the needs of low incidence exceptional children, nor shall the 7648
public school be relieved of its responsibility to provide an 7649
education for all children. If state monies are not sufficient to 7650
fund all applicants, there will be a ratable reduction for all 7651
recipients receiving state funds under this section. School 7652
districts may pay additional educational costs from available 7653
federal, state and local funds. 7654
If an exceptional child, as defined in Section 37-23-3, is 7655
placed in a therapeutic or other group home licensed or approved 7656
by the state that has no educational program associated with it, 7657
the local school district in which the home is located shall offer 7658
an appropriate educational program to that child. 7659
At any time that the Individualized Education Program (IEP) 7660
Committee in the district where the home is located determines 7661
that an exceptional child, as defined in Section 37-23-3, residing 7662
in that home can no longer be provided a free appropriate public 7663
education in that school district, and the State Department of 7664
Education agrees with that decision, then the State Department of 7665
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Education shall recommend to the Department of Human Services 7666
placement of the child by the Department of Human Services, which 7667
shall take appropriate action. The placement of the exceptional 7668
child in the facility shall be at no cost to the local school 7669
district. Funds available under Sections 37-23-61 through 7670
37-23-77, as well as any available federal funds, may be used to 7671
provide the educational costs of the placement. If the 7672
exceptional child is under the guardianship of the Department of 7673
Human Services or another state agency, the State Department of 7674
Education shall pay only for the educational costs of that 7675
placement, and the other agency shall be responsible for the room, 7676
board and any other costs. The special education and related 7677
services provided to the child shall be in compliance with State 7678
Department of Education and any related federal regulations. The 7679
State Board of Education may promulgate regulations that are 7680
necessary to implement this section; and 7681
(c) If an appropriate local or regional system of care, 7682
including a free appropriate public education, is available for 7683
exceptional children who are currently being served in 7684
out-of-district or Department of Human Services placements under 7685
paragraph (b) of this section or Section 37-23-77, then the state 7686
funds from the State Department of Education that would have been 7687
used for those placements may be paid into a pool of funds with 7688
funds from other state agencies to be used for the implementation 7689
of the individualized plans of care for those children. If there 7690
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are sufficient funds to serve additional exceptional children 7691
because of cost savings as a result of serving these students at 7692
home and/or matching the pooled funds with federal dollars, the 7693
funds may be used to implement individualized plans of care for 7694
those additional exceptional children. Each local or regional 7695
provider of services included in the individualized plans of care 7696
shall comply with all appropriate state and federal regulations. 7697
The State Board of Education may promulgate regulations that are 7698
necessary to implement this section. 7699
The State Department of Education may also provide for the 7700
payment of that financial assistance in installments and for 7701
proration of that financial assistance in the case of children 7702
attending a school or clinic for less than a full school session 7703
and, if available funds are insufficient, may allocate the 7704
available funds among the qualified applicants and local school 7705
districts by reducing the maximum assistance provided for in this 7706
section. 7707
Any monies provided an applicant under Sections 37-23-61 7708
through 37-23-75 shall be applied by the receiving educational 7709
institution as a reduction in the amount of the educational costs 7710
paid by the applicant, and the total educational costs paid by the 7711
applicant shall not exceed the total educational costs paid by any 7712
other child in similar circumstances enrolled in the same program 7713
in that institution. However, this limitation shall not prohibit 7714
the waiving of all or part of the educational costs for a limited 7715
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number of children based upon demonstrated financial need, and the 7716
State Department of Education may adopt and enforce reasonable 7717
rules and regulations to carry out the intent of these provisions. 7718
SECTION 79. Section 37-23-109, Mississippi Code of 1972, is 7719
brought forward as follows: 7720
37-23-109. Any child development center created under the 7721
provisions of Sections 37-23-91 through 37-23-111 shall be 7722
entitled to receive all contributions and benefits allowed to the 7723
other school districts from the federal and state governments 7724
including, but not limited to, contributions on the basis of the 7725
net enrollment per child, school textbooks and school lunch 7726
program. 7727
SECTION 80. Section 37-23-179, Mississippi Code of 1972, is 7728
brought forward as follows: 7729
37-23-179. (1) The board shall specifically promulgate 7730
rules, regulations and guidelines which establish model programs 7731
of gifted education and also establish minimum criteria for gifted 7732
education programs. In providing programs of gifted education, 7733
the local district may use the model programs prepared by the 7734
board or may itself develop programs of gifted education which, 7735
prior to being implemented, shall be approved by the board, 7736
provided, that no such plan or program shall be approved or 7737
continued unless it meets the minimum criteria established by the 7738
board. 7739
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(2) There is hereby created within the department an office 7740
for gifted education which shall be staffed by such professional, 7741
support and clerical personnel as may be necessary to implement 7742
the provisions of Sections 37-23-171 through 37-23-181. 7743
(3) All local school districts may have programs of gifted 7744
education for intellectually, creatively and/or artistically 7745
gifted students in Grades 2 through 12 and for academically gifted 7746
students in Grades 9 through 12 approved by the board. Beginning 7747
with the 1993-1994 school year, all local school districts shall 7748
have programs of gifted education for intellectually gifted 7749
students in Grade 2, subject to the approval of the State Board of 7750
Education and the availability of funds appropriated therefor by 7751
line-item. Beginning with the 1994-1995 school year, all local 7752
school districts shall have programs of gifted education for 7753
intellectually gifted students in Grades 2 and 3, subject to the 7754
approval of the State Board of Education. Beginning with the 7755
1995-1996 school year, all local school districts shall have 7756
programs of gifted education for intellectually gifted students in 7757
Grades 2, 3 and 4 subject to the approval of the State Board of 7758
Education. Beginning with the 1996-1997 school year, all local 7759
school districts shall have programs of gifted education for 7760
intellectually gifted students in Grades 2, 3, 4 and 5, subject to 7761
the approval of the State Board of Education. Beginning with the 7762
1997-1998 school year, all local school districts shall have 7763
programs of gifted education for intellectually gifted students in 7764
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Grades 2, 3, 4, 5 and 6, subject to the approval of the State 7765
Board of Education. Each local school district shall include as a 7766
part of its five-year plan a description of any proposed gifted 7767
education programs of the district. 7768
SECTION 81. Section 37-27-55, Mississippi Code of 1972, is 7769
brought forward as follows: 7770
37-27-55. When any pupils shall attend any agricultural high 7771
school or community or junior college under the provisions of 7772
Section 37-27-51, such pupils shall be reported and accounted for 7773
the allocation of total funding formula funds provided in Sections 7774
37-151-200 through 37-151-215 and building funds just as though 7775
such pupils were attending the regular schools of the district in 7776
which they reside. For this purpose reports shall be made to the 7777
board of trustees of the school district involved by the 7778
agricultural high school or community or junior college of the 7779
number of children in net enrollment, and the net enrollment of 7780
such pupils shall thereupon be included in reports made to the 7781
county or school district. The allocation of total funding 7782
formula funds and state public school building funds shall be made 7783
for such children just as though such children were attending the 7784
regular schools of the district. However, all total funding 7785
formula funds which accrue to any district as a result of the 7786
pupils who are in attendance at such agricultural high school or 7787
community or junior college shall be paid by the board of trustees 7788
of the municipal separate school district or the county board of 7789
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education, as the case may be, to the agricultural high school or 7790
community or junior college at which the pupils are in attendance, 7791
and shall be expended by said agricultural high school or 7792
community or junior college for the instruction of said pupils. 7793
Funds allotted to the school district for building purposes under 7794
Chapter 47 of this title, shall, however, be retained by the 7795
school district entitled thereto. The term "school district" as 7796
used in Sections 37-27-51 through 37-27-59 shall be defined as 7797
including all public school districts in this state and also all 7798
agricultural high schools not located on the campus of a community 7799
or junior college. 7800
SECTION 82. Section 37-27-57, Mississippi Code of 1972, is 7801
brought forward as follows: 7802
37-27-57. Any additional or supplemental expenses incurred 7803
by the agricultural high school or community or junior college in 7804
the instruction of such pupils above that defrayed by total 7805
funding formula funds as provided in Section 37-27-55, shall be 7806
paid either from the amounts received from the state appropriation 7807
for the support of agricultural high schools or from the tax levy 7808
for the support of such agricultural high school or community or 7809
junior college or from any other funds which such agricultural 7810
high school or community or junior college may have available for 7811
such purpose. 7812
SECTION 83. Section 37-28-5, Mississippi Code of 1972, is 7813
brought forward as follows: 7814
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37-28-5. As used in this chapter, the following words and 7815
phrases have the meanings ascribed in this section unless the 7816
context clearly indicates otherwise: 7817
(a) "Applicant" means any person or group that develops 7818
and submits an application for a charter school to the authorizer. 7819
(b) "Application" means a proposal from an applicant to 7820
the authorizer to enter into a charter contract whereby the 7821
proposed school obtains charter school status. 7822
(c) "Authorizer" means the Mississippi Charter School 7823
Authorizer Board established under Section 37-28-7 to review 7824
applications, decide whether to approve or reject applications, 7825
enter into charter contracts with applicants, oversee charter 7826
schools, and decide whether to renew, not renew, or revoke charter 7827
contracts. 7828
(d) "Charter contract" means a fixed-term, renewable 7829
contract between a charter school and the authorizer which 7830
outlines the roles, powers, responsibilities and performance 7831
expectations for each party to the contract. 7832
(e) "Charter school" means a public school that is 7833
established and operating under the terms of charter contract 7834
between the school's governing board and the authorizer. The term 7835
"charter school" includes a conversion charter school and start-up 7836
charter school. 7837
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(f) "Conversion charter school" means a charter school 7838
that existed as a noncharter public school before becoming a 7839
charter school. 7840
(g) "Education service provider" means a charter 7841
management organization, school design provider or any other 7842
partner entity with which a charter school intends to contract for 7843
educational design, implementation or comprehensive management. 7844
(h) "Governing board" means the independent board of a 7845
charter school which is party to the charter contract with the 7846
authorizer and whose members have been elected or selected 7847
pursuant to the school's application. 7848
(i) "Noncharter public school" means a public school 7849
that is under the direct management, governance and control of a 7850
school board or the state. 7851
(j) "Parent" means a parent, guardian or other person 7852
or entity having legal custody of a child. 7853
(k) "School board" means a school board exercising 7854
management and control over a local school district and the 7855
schools of that district pursuant to the State Constitution and 7856
state statutes. 7857
(l) "School district" means a governmental entity that 7858
establishes and supervises one or more public schools within its 7859
geographical limits pursuant to state statutes. 7860
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(m) "Start-up charter school" means a charter school 7861
that did not exist as a noncharter public school before becoming a 7862
charter school. 7863
(n) "Student" means any child who is eligible for 7864
attendance in a public school in the state. 7865
(o) "Underserved students" means students qualifying as 7866
low-income or qualifying for a special education program under 7867
Section 37-151-201. 7868
SECTION 84. Section 37-28-53, Mississippi Code of 1972, is 7869
brought forward as follows: 7870
37-28-53. (1) Each charter school shall certify annually to 7871
the State Department of Education its student enrollment, net 7872
enrollment and student participation in federal programs. 7873
(2) Each charter school shall certify annually to the school 7874
board of the school district in which the charter school is 7875
located the number of enrolled charter school students residing in 7876
the school district. 7877
SECTION 85. Section 37-29-1, Mississippi Code of 1972, is 7878
brought forward as follows: 7879
37-29-1. (1) The creation, establishment, maintenance and 7880
operation of community colleges is authorized. Community colleges 7881
may admit students if they have earned one (1) unit less than the 7882
number of units required for high school graduation established by 7883
State Board of Education policy or have earned a High School 7884
Equivalency Diploma in courses correlated to those of senior 7885
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colleges or professional schools. Subject to the provisions of 7886
Section 75-76-34, they shall offer, without limitation, education 7887
and training preparatory for occupations such as agriculture, 7888
industry of all kinds, business, homemaking and for other 7889
occupations on the semiprofessional and vocational-technical 7890
level. They may offer courses and services to students regardless 7891
of their previous educational attainment or further academic 7892
plans. 7893
(2) The boards of trustees of the community college 7894
districts are authorized to establish an early admission program 7895
under which applicants having a minimum ACT composite score of 7896
twenty-six (26) or the equivalent SAT score may be admitted as 7897
full-time college students if the principal or guidance counselor 7898
of the student recommends in writing that it is in the best 7899
educational interest of the student. Such recommendation shall 7900
also state that the student's age will not keep him from being a 7901
successful full-time college student. Students admitted in the 7902
early admission program shall not be counted for total funding 7903
formula purposes in the net enrollment of the school district in 7904
which they reside, and transportation required by a student to 7905
participate in the early admission program shall be the 7906
responsibility of the parents or legal guardians of the student. 7907
Grades and college credits earned by students admitted to the 7908
early admission program shall be recorded on the college 7909
transcript at the community college where the student attends 7910
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classes, and may be released to another institution or used for 7911
college graduation requirements only after the student has 7912
successfully completed one (1) full semester of course work. 7913
(3) The community colleges shall provide, through courses or 7914
other acceptable educational measures, the general education 7915
necessary to individuals and groups which will tend to make them 7916
capable of living satisfactory lives consistent with the ideals of 7917
a democratic society. 7918
SECTION 86. Section 37-29-272, Mississippi Code of 1972, is 7919
brought forward as follows: 7920
37-29-272. The board of trustees of any community college 7921
district in the state maintaining and operating an agricultural 7922
high school on July 1, 1994, is hereby authorized to transfer the 7923
control, maintenance and operation of said agricultural high 7924
school, including the transfer of title to all real and personal 7925
property used for agricultural high school purposes, to the county 7926
board of education of the county in which the school is located. 7927
Upon the acceptance by the county board of education and before an 7928
order authorizing such transfer shall be entered, the board of 7929
trustees of the community college district and the county board of 7930
education in which such school is located shall by joint 7931
resolution agree in writing on the terms of such transfer, the 7932
extent of the rights of use and occupancy of the school and 7933
grounds, and the control, management, preservation and 7934
responsibility of transportation of students to such premises, to 7935
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be spread upon the minutes of each governing authority. Upon such 7936
transfer, the county board of education may abolish the 7937
agricultural high school as a distinct school, and merge its 7938
activities, programs and students into the regular high school 7939
curricula of the school district. When a community college has 7940
transferred operation of an agricultural high school as provided 7941
herein, the pupils attending such school shall be reported, 7942
accounted for allocation of total funding formula funds and 7943
entitled to school transportation as though such pupils were 7944
attending the schools of the school district in which they reside, 7945
as provided in Sections 37-27-53 and 37-27-55. When any 7946
agricultural high school is transferred by the board of trustees 7947
of a community college to the county board of education as 7948
provided in this section, all laws relating to agricultural high 7949
school tax levies for the support or retirement of bonded 7950
indebtedness for agricultural high schools shall continue in full 7951
force and effect for the transferring community college district 7952
until current obligations on all bonded indebtednesses related to 7953
agriculture high schools have been satisfied and retired. 7954
SECTION 87. Section 37-29-303, Mississippi Code of 1972, is 7955
brought forward as follows: 7956
37-29-303. As used in Sections 37-29-301 through 37-29-305, 7957
the following terms shall be defined as provided in this section: 7958
(a) "Full-time equivalent (FTE) enrollment" means the 7959
process by which the Southern Regional Education Board (SREB) 7960
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calculates FTE by taking total undergraduate semester credit hours 7961
divided by thirty (30); total undergraduate quarter hours divided 7962
by forty-five (45); total graduate semester credit hours divided 7963
by twenty-four (24); and total graduate quarter hours divided by 7964
thirty-six (36). 7965
(b) "State funds" means all funds appropriated by the 7966
Legislature including funds from the State General Fund, Education 7967
Enhancement Fund, Budget Contingency Fund and Health Care 7968
Expendable Fund. 7969
(c) "E & G operations" means education and general 7970
expenses of the colleges and universities. 7971
(d) "Net enrollment" has the same meaning as ascribed 7972
to that term under Section 37-151-201. 7973
SECTION 88. Section 37-31-13, Mississippi Code of 1972, is 7974
brought forward as follows: 7975
37-31-13. (1) Any appropriation that may be made under the 7976
provisions of Sections 37-31-1 through 37-31-15 shall be used by 7977
the board for the promotion of vocational education as provided 7978
for in the "Smith-Hughes Act" and for the purpose set forth in 7979
Sections 37-31-1 through 37-31-15. The state appropriation shall 7980
not be used for payments to high schools which are now receiving 7981
other state funds, except in lieu of not more than one-half (1/2) 7982
the amount that may be due such high schools from federal funds. 7983
Only such portion of the state appropriation shall be used as may 7984
be absolutely necessary to carry out the provisions of Sections 7985
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37-31-1 through 37-31-15, and to meet the federal requirements. 7986
Except as provided in subsection (2) of this section, the state 7987
appropriation shall not be used for payments to high schools for 7988
conducting vocational programs for more than ten (10) months in 7989
any school year, and only funds other than total funding formula 7990
funds may be expended for such purpose. 7991
(2) Subject to annual approval by the State Board of 7992
Education, extended contracts for vocational agriculture education 7993
services and other related vocational education services which 7994
contribute to economic development may be conducted by local 7995
school districts, and state appropriations may be used for 7996
payments to school districts providing such services. The board 7997
of trustees of each school district shall determine whether any 7998
proposed services contribute to the economic development of the 7999
area. Local districts may apply to the Division of Vocational and 8000
Technical Education of the State Department of Education for any 8001
state funds available for these extended contracts. The State 8002
Board of Education shall establish the application process and the 8003
selection criteria for this program. The number of state-funded 8004
extended contracts approved by the State Board of Education will 8005
be determined by the availability of funds specified for this 8006
purpose. The State Board of Education's decision shall be final. 8007
Payments under this subsection shall only be available to those 8008
high schools whose teachers of vocational programs are responsible 8009
for the following programs of instruction during those days or 8010
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weeks between academic years or, for school districts having 8011
adopted the extended school year calendar, between academic 8012
quarters: (a) supervision and instruction of students in 8013
agricultural or other vocational experience programs; (b) group 8014
and individual instruction of farmers and agribusinessmen; (c) 8015
supervision of student members of youth groups who are involved in 8016
leadership training or other activity required by state or federal 8017
law; or (d) any program of vocational agriculture or other 8018
vocational-related services established by the Division of 8019
Vocational and Technical Education of the State Department of 8020
Education that contribute to the economic development of the 8021
geographic area. 8022
SECTION 89. Section 37-31-75, Mississippi Code of 1972, is 8023
brought forward as follows: 8024
37-31-75. The various counties, municipalities, school 8025
districts and community and junior college districts which may 8026
become parties to any agreement authorized by Sections 37-31-71 8027
through 37-31-79 are authorized to appropriate and expend any and 8028
all funds which may be required to carry out the terms of the 8029
agreement from any funds available to any party to the agreement 8030
not otherwise appropriated without limitation as to the source of 8031
the funds, including total funding formula funds, sixteenth 8032
section funds, funds received from the federal government or other 8033
sources by way of grant, donation or otherwise, and funds which 8034
may be available to any such party through the State Department of 8035
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Education or any other agency of the state, regardless of the 8036
party to the agreement designated by the agreement to be primarily 8037
responsible for the construction or operation of the regional 8038
education center and regardless of the limitation on the 8039
expenditure of any funds imposed by any other statute. However, 8040
no funds whose use was originally limited to the construction of 8041
capital improvements shall be utilized for the purpose of 8042
defraying the administrative or operating costs of any regional 8043
education center. Any one or more of the parties to an agreement 8044
may be designated as the fiscal agent or contracting party in 8045
carrying out any of the purposes of the agreement, and any and all 8046
funds authorized to be spent by any of the parties may be paid 8047
over to the fiscal agent or contracting party for disbursement by 8048
the fiscal agent or contracting party. Disbursements shall be 8049
made and contracted for under the laws and regulations applicable 8050
to the fiscal or disbursing agent, except to the extent they may 8051
be extended or modified by the provisions of Sections 37-31-71 8052
through 37-31-79. All of the parties to the agreement may issue 8053
bonds, negotiable notes or other evidences of indebtedness for the 8054
purpose of providing funds for the acquisition of land and for the 8055
construction of buildings and permanent improvements under the 8056
terms of the agreement under any existing laws authorizing the 8057
issuance or sale of bonds, negotiable notes or other evidences of 8058
indebtedness to provide funds for any capital improvement. 8059
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SECTION 90. Section 37-35-3, Mississippi Code of 1972, is 8060
brought forward as follows: 8061
37-35-3. (1) The board of trustees of any school district, 8062
including any community or junior college, may establish and 8063
maintain classes for adults, including general educational 8064
development classes, under the regulations authorized in this 8065
chapter and pursuant to the standards prescribed in subsection 8066
(3). The property and facilities of the public school districts 8067
may be used for this purpose where such use does not conflict with 8068
uses already established. 8069
(2) The trustees of any school district desiring to 8070
establish such program may request the taxing authority of the 8071
district to levy additional ad valorem taxes for the support of 8072
this program. The board of supervisors, in the case of a county 8073
school district, a special municipal separate school district, or 8074
a community or junior college district, and the governing 8075
authority of any municipality, in the case of a municipal separate 8076
school district, is authorized, in its discretion, to levy a tax 8077
not exceeding one (1) mill upon all the taxable property of the 8078
district for the support of this program. The tax shall be in 8079
addition to all other taxes authorized by law to be levied. In 8080
addition to the funds realized from any such levy, the board of 8081
trustees of any school district is authorized to use any surplus 8082
funds that it may have or that may be made available to it from 8083
local sources to supplement this program. 8084
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(3) (a) Any student participating in an approved High 8085
School Equivalency Diploma Option program administered by a local 8086
school district or a local school district with an approved 8087
contractual agreement with a community or junior college or other 8088
local entity shall not be considered a dropout. Students in such 8089
a program administered by a local school district shall be 8090
considered as enrolled within the school district of origin for 8091
the purpose of enrollment for total funding formula funds only. 8092
Such students shall not be considered as enrolled in the regular 8093
school program for academic or programmatic purposes. 8094
(b) Students participating in an approved High School 8095
Equivalency Diploma Option program shall have an individual career 8096
plan developed at the time of placement to ensure that the 8097
student's academic and job skill needs will be met. The 8098
Individual Career Plan will address, but is not limited to, the 8099
following: 8100
(i) Academic and instructional needs of the 8101
student; 8102
(ii) Job readiness needs of the student; and 8103
(iii) Work experience program options available 8104
for the student. 8105
(c) Students participating in an approved High School 8106
Equivalency Diploma Option program may participate in existing job 8107
and skills development programs or in similar programs developed 8108
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in conjunction with the High School Equivalency Diploma Option 8109
program and the vocational director. 8110
(d) High School Equivalency Diploma Option programs may 8111
be operated by local school districts or may be operated by two 8112
(2) or more adjacent school districts, pursuant to a contract 8113
approved by the State Board of Education. When two (2) or more 8114
school districts contract to operate a High School Equivalency 8115
Diploma Option program, the school board of a district designated 8116
to be the lead district shall serve as the governing board of the 8117
High School Equivalency Diploma Option program. Transportation 8118
for students placed in the High School Equivalency Diploma Option 8119
program shall be the responsibility of the school district of 8120
origin. The expense of establishing, maintaining and operating 8121
such High School Equivalency Diploma Option programs may be paid 8122
from funds made available to the school district through 8123
contributions, total funding formula funds or from local district 8124
maintenance funds. 8125
(e) The State Department of Education will develop 8126
procedures and criteria for placement of a student in the High 8127
School Equivalency Diploma Option programs. Students placed in 8128
High School Equivalency Diploma Option programs shall have 8129
parental approval for such placement and must meet the following 8130
criteria: 8131
(i) The student must be at least sixteen (16) 8132
years of age; 8133
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(ii) The student must be at least one (1) full 8134
grade level behind his or her ninth grade cohort or must have 8135
acquired less than four (4) Carnegie units; 8136
(iii) The student must have taken every 8137
opportunity to continue to participate in coursework leading to a 8138
diploma; and 8139
(iv) The student must be certified to be eligible 8140
to participate in the GED course by the school district 8141
superintendent, based on the developed criteria. 8142
(f) Students participating in an approved High School 8143
Equivalency Diploma Option program, who are enrolled in subject 8144
area courses through January 31 in a school with a traditional 8145
class schedule or who are enrolled in subject area courses through 8146
October 31 or through March 31 in a school on a block schedule, 8147
shall be required to take the end-of-course subject area tests for 8148
those courses in which they are enrolled. 8149
SECTION 91. Section 37-37-3, Mississippi Code of 1972, is 8150
brought forward as follows: 8151
37-37-3. In addition to all auditors and other employees now 8152
or hereafter provided by law, the State Auditor may appoint and 8153
employ examiners in the Department of Audit. The examiners shall 8154
make such audits as may be necessary to determine the correctness 8155
and accuracy of all reports made to the State Department of 8156
Education by any school district or school official concerning the 8157
number of educable students in any school district, the number of 8158
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students enrolled in any school district, the number of students 8159
in net enrollment in any school district, and the number of 8160
students being transported or entitled to transportation to any of 8161
the public schools of this state. 8162
SECTION 92. Section 37-41-7, Mississippi Code of 1972, is 8163
brought forward as follows: 8164
37-41-7. The local school board is hereby authorized, 8165
empowered and directed to lay out all transportation routes and 8166
provide transportation for all school children who are entitled to 8167
transportation within their respective counties and school 8168
districts. 8169
Any school district may, in the discretion of the school 8170
board, expend funds from any funds available to the school 8171
district, including the amounts derived from district tax levies, 8172
sixteenth section funds, and all other available funds, for the 8173
purpose of supplementing funds available to the school board for 8174
paying transportation costs not covered by total funding formula 8175
funds as provided in Sections 37-151-200 through 37-151-215. 8176
SECTION 93. Section 37-45-49, Mississippi Code of 1972, is 8177
brought forward as follows: 8178
37-45-49. Any cost or fees provided by this chapter to be 8179
paid by any county board of education or board of trustees of a 8180
municipal separate school district may be paid by the county board 8181
of education from any school funds of the district other than 8182
total funding formula funds, and by the municipal separate school 8183
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district from the maintenance funds of the district, other than 8184
total funding formula funds. Any fees or costs provided by this 8185
chapter to be paid by the department may be paid from the funds 8186
appropriated for its operation. 8187
SECTION 94. Section 37-47-9, Mississippi Code of 1972, is 8188
brought forward as follows: 8189
37-47-9. It is found and determined that the state should 8190
make an annual grant of Twenty-four Dollars ($24.00) for each 8191
child in net enrollment in the public schools of the various 8192
school districts of this state during each school year, and that 8193
such monies should be applied for the purpose of establishing and 8194
maintaining adequate physical facilities for the public school 8195
district and/or the payment of existing debt therefor. 8196
The grant to which each public school is entitled under the 8197
provisions of this section shall be credited to the school 8198
district of which such school is part. If any change is made in 8199
the operation or boundaries of any such school district, equitable 8200
reallocations shall be made by the department of all balances to 8201
the credit of such school district, and all debits charged against 8202
the districts affected by the change in the boundaries or system 8203
of operation. The obligation of the state to make remittance of 8204
the sums appropriated or otherwise provided to make the annual 8205
grants provided by this section shall be subordinate to the pledge 8206
made to secure the state school bonds authorized under this 8207
chapter and the sinking fund created for their retirement. The 8208
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grants shall be computed annually as soon as practicable after the 8209
end of the school year, and shall be based on the net enrollment 8210
for such school year in all of the public schools operated by each 8211
school district as determined by the State Department of 8212
Education. 8213
SECTION 95. Section 37-47-25, Mississippi Code of 1972, is 8214
brought forward as follows: 8215
37-47-25. Whenever the State Department of Education shall 8216
determine that any school district is in need of capital 8217
improvements to an extent in excess of that which may be financed 8218
by the credit then due such school district by the department, the 8219
department shall be empowered to advance or lend the school 8220
district such sums as in the opinion of the department are 8221
necessary to be expended for capital improvements by that school 8222
district. Such loans or advances shall be evidenced by 8223
appropriate agreements, and shall be repayable in principal by the 8224
school district from the annual grants to which the school 8225
district shall become entitled and from such other funds as may be 8226
available. Such loans or advances shall not constitute a debt of 8227
the school district within the meaning of any provision or 8228
limitation of the Constitution or statutes of the State of 8229
Mississippi. The department shall not advance or lend to any 8230
school district any sum in excess of seventy-five percent (75%) of 8231
the estimated sum which will accrue to the school district on 8232
account of grants to be made to the school district within the 8233
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twenty (20) years next following the date of the loan or advance. 8234
In determining the maximum allowable advance or loan, the 8235
department shall assume that the net enrollment in the schools of 8236
the school district for the past preceding scholastic year, as 8237
confirmed by the audit of net enrollment made by the State 8238
Department of Audit, will continue for the period during which the 8239
loan is to be repaid. 8240
SECTION 96. Section 37-47-33, Mississippi Code of 1972, is 8241
brought forward as follows: 8242
37-47-33. For the purpose of: (a) providing funds to enable 8243
the State Board of Education to make loans or advances to school 8244
districts as provided by Section 37-47-25; (b) providing funds for 8245
the payment and redemption of certificates of credit issued to 8246
school districts under Section 37-47-23, when such funds are not 8247
otherwise available; or (c) providing funds in an amount not 8248
exceeding Twenty Million Dollars ($20,000,000.00) for the payment 8249
of allocations of total funding formula funds to school districts 8250
for capital expenditures approved under Sections 37-151-200 8251
through 37-151-215 by the State Board of Education which have not 8252
been pledged for debt by the school district, when such funds are 8253
not otherwise available, the State Bond Commission is authorized 8254
and empowered to issue state school bonds under the conditions 8255
prescribed in this chapter. The aggregate principal amount of 8256
such bonds outstanding at any one (1) time, after deducting the 8257
amount of the sinking fund provided for the retirement of bonds 8258
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issued for such purposes, shall never exceed the sum of One 8259
Hundred Million Dollars ($100,000,000.00). Within such limits, 8260
however, state school bonds may be issued from time to time under 8261
the conditions prescribed in this chapter. None of such bonds so 8262
issued shall have a maturity date later than July 1, 2021. 8263
SECTION 97. Section 37-61-19, Mississippi Code of 1972, is 8264
brought forward as follows: 8265
37-61-19. It shall be the duty of the superintendents of 8266
schools and the school boards of all school districts to limit the 8267
expenditure of school funds during the fiscal year to the 8268
resources available. It shall be unlawful for any school district 8269
to budget expenditures from a fund in excess of the resources 8270
available within that fund. Furthermore, it shall be unlawful for 8271
any contract to be entered into or any obligation incurred or 8272
expenditure made in excess of the resources available for such 8273
fiscal year. Any member of the school board, superintendent of 8274
schools, or other school official, who shall knowingly enter into 8275
any contract, incur any obligation, or make any expenditure in 8276
excess of the amount available for the fiscal year shall be 8277
personally liable for the amount of such excess. However, no 8278
school board member, superintendent or other school official shall 8279
be personally liable: (a) in the event of any reduction in total 8280
funding formula payments by action of the Governor acting through 8281
the Department of Finance and Administration; or (b) for claims, 8282
damages, awards or judgments, on account of any wrongful or 8283
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tortious act or omission or breach of implied term or condition of 8284
any warranty or contract. However, the foregoing immunity 8285
provisions shall not be a defense in cases of fraud, criminal 8286
action or an intentional breach of fiduciary obligations imposed 8287
by statute. 8288
SECTION 98. Section 37-61-29, Mississippi Code of 1972, is 8289
brought forward as follows: 8290
37-61-29. The State Department of Audit is hereby authorized 8291
and empowered to post-audit and investigate the financial affairs 8292
and all transactions involving the school funds of the school 8293
district including the total funding formula funds and 8294
supplementary district school funds, and to make separate and 8295
special audits thereof, as now provided by Sections 7-7-201 8296
through 7-7-215. 8297
SECTION 99. Section 37-68-7, Mississippi Code of 1972, is 8298
brought forward as follows: 8299
37-68-7. (1) There is established the Equity in Distance 8300
Learning Grant Program which shall be administered by the 8301
department for the purpose of reimbursing schools for eligible 8302
expenses incurred in funding their distance learning plans, and in 8303
facilitating safe classroom and remote instruction. 8304
(2) Subject to appropriations by the Legislature, 8305
allocations to schools shall be made based on net enrollment, as 8306
defined in Section 37-151-201. For any school not funded under 8307
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the total funding formula, the department shall calculate the net 8308
enrollment equivalent or fund the school based on enrollment. 8309
(3) Subject to the provisions of this chapter, and other 8310
applicable federal law and regulations, schools shall have the 8311
authority to use the funds provided in this grant program in a way 8312
which best facilitates their distance learning plan, and safe 8313
classroom or remote instruction. 8314
(4) Schools are highly encouraged to commit a portion of 8315
their federal ESSER funds, above the amount required by Section 8316
37-68-11(b), as supplemental matching funds to offset the total 8317
cost of purchasing sufficient electronic devices, technological 8318
supports and systems of service for its distance learning plan. 8319
SECTION 100. Section 37-131-7, Mississippi Code of 1972, is 8320
brought forward as follows: 8321
37-131-7. When any pupils shall attend any demonstration or 8322
practice school under the provisions of Section 37-131-3, such 8323
children shall be reported and accounted for the allocation of 8324
total funding formula funds and state public school building funds 8325
just as though such children were attending the regular schools of 8326
the district in which they reside. For this purpose, reports 8327
shall be made to the school district involved by the demonstration 8328
or practice school of the number of pupils in net enrollment, and 8329
the net enrollment of such children shall thereupon be included in 8330
reports made to the State Board of Education by the school 8331
district. 8332
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Allocation of the total funding formula funds shall be made 8333
by the State Board of Education for such children just as though 8334
such children were attending the regular schools of the district. 8335
All total funding formula funds which accrue to any district as a 8336
result of such children who are in attendance at a demonstration 8337
or practice school shall be paid by the board of trustees of the 8338
municipal separate school district or by the county board of 8339
education to the demonstration or practice school, and shall be 8340
used to defray the cost and expense of maintaining, operating and 8341
conducting such demonstration or practice school. 8342
All state public school building funds which accrue as a 8343
result of such children in attendance at a demonstration or 8344
practice school shall be credited directly to such demonstration 8345
or practice school, and all of the provisions of Chapter 47 of 8346
this title shall be fully applicable thereto. 8347
SECTION 101. Section 37-131-9, Mississippi Code of 1972, is 8348
brought forward as follows: 8349
37-131-9. In addition to the amounts paid to the 8350
demonstration or practice school from total funding formula funds, 8351
as provided in Section 37-131-7, the board of trustees of the 8352
school district involved may contract with the demonstration or 8353
practice school for the payment of additional amounts thereto to 8354
defray expenses over and above those defrayed by the total funding 8355
formula funds, which additional amounts shall be paid from any 8356
funds available to the school district other than total funding 8357
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formula funds, whether produced by a supplemental district tax 8358
levy or otherwise. 8359
If the total funds paid to the demonstration or practice 8360
school by the school district are inadequate to defray the cost 8361
and expense of maintaining and operating such demonstration or 8362
practice school then the president or executive head of the 8363
institution may, subject to the approval of the Board of Trustees 8364
of State Institutions of Higher Learning, require the payment of 8365
additional fees or tuition in an amount to be fixed by the 8366
president or executive head of the institution, subject to the 8367
approval of the Board of Trustees of State Institutions of Higher 8368
Learning, which amount shall be paid by and collected from the 8369
student or his parents. 8370
Boards of trustees of school districts involved may designate 8371
an area within the jurisdiction of the board as an attendance 8372
center as provided by law, and may require students in such area 8373
to attend demonstration or practice schools, subject to a 8374
satisfactory contract between the school board and the president 8375
or executive head of the institution operating the demonstration 8376
or practice school. In such event, all fees and tuition must be 8377
borne by the school district and in no case shall the child or the 8378
parents of the child assigned to such demonstration or practice 8379
school be required to pay any fees or tuition. 8380
The president or executive head of the institution, subject 8381
to the approval of the Board of Trustees of State Institutions of 8382
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Higher Learning, may also fix the amount of fees and tuition to be 8383
paid by students desiring to attend such demonstration or practice 8384
school in cases where there is no contract with the board of 8385
trustees of the school district in which the students reside 8386
therefor. 8387
All funds received by an institution, under the provisions of 8388
this section, shall be deposited in a special fund and shall be 8389
used and expended solely for the purpose of defraying and paying 8390
the cost and expense of operating, maintaining and conducting such 8391
teachers demonstration and practice school. Such funds may be 8392
supplemented by and used in connection with any other funds 8393
available to the institutions for such purpose whether made 8394
available by legislative appropriation or otherwise. 8395
SECTION 102. Section 37-131-11, Mississippi Code of 1972, is 8396
brought forward as follows: 8397
37-131-11. All demonstration or practice schools established 8398
under the provisions of Section 37-131-1 shall, as far as may be 8399
practicable, be subject to and governed by the same laws as other 8400
public schools of the State of Mississippi, and shall make all 8401
reports required by law to be made by public schools to the State 8402
Board of Education at the same time and in the same manner as such 8403
reports are made by other public schools. However, for the 8404
purpose of the allocation of total funding formula funds, the 8405
reports of children in net enrollment shall be made to the school 8406
district involved by the demonstration or practice school, and a 8407
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copy thereof shall be filed with the State Board of Education. 8408
The school district shall use the reports so filed with it in 8409
making its reports to the State Board of Education for the purpose 8410
of the allocation of total funding formula funds, but the net 8411
enrollment of the pupils attending such demonstration or practice 8412
school shall be segregated and separated in such reports from the 8413
net enrollment in the regular schools of the district. 8414
SECTION 103. Section 37-151-9, Mississippi Code of 1972, is 8415
brought forward as follows: 8416
37-151-9. (1) The State Board of Education and State 8417
Superintendent of Education shall establish within the State 8418
Department of Education a special unit at the division level 8419
called the Office of Educational Accountability. The Director of 8420
the Office of Educational Accountability shall hold a position 8421
comparable to a deputy superintendent and shall be appointed by 8422
the State Board of Education with the advice and consent of the 8423
Senate. He shall serve at the will and pleasure of the State 8424
Board of Education and may employ necessary professional, 8425
administrative and clerical staff. The Director of the Office of 8426
Educational Accountability shall provide all reports to the 8427
Legislature, Governor, Mississippi Commission on School 8428
Accreditation and State Board of Education and respond to any 8429
inquiries for information. 8430
(2) The Office of Educational Accountability is responsible 8431
for monitoring and reviewing programs developed under the 8432
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Education Reform Act, the Mississippi Adequate Education Program 8433
Act of 1994, the Education Enhancement Fund, the Mississippi 8434
Student Funding Formula, and subsequent education initiatives, and 8435
shall provide information, recommendations and an annual 8436
assessment to the Legislature, Governor, Mississippi Commission on 8437
School Accreditation and the State Board of Education. The annual 8438
assessment of education reform programs shall be performed by the 8439
Office of Educational Accountability by December 1 of each year. 8440
(3) In addition, the Office of Educational Accountability 8441
shall have the following specific duties and responsibilities: 8442
(a) Developing and maintaining a system of 8443
communication with school district personnel; 8444
(b) Provide opportunities for public comment on the 8445
current functions of the State Department of Education's programs, 8446
needed public education services and innovative suggestions; and 8447
(c) Assess both positive and negative impact on school 8448
districts of new education programs, including but not limited to 8449
The Mississippi Report Card and alternative school programs. 8450
SECTION 104. Section 37-151-87, Mississippi Code of 1972, is 8451
brought forward as follows: 8452
37-151-87. No school district shall pay any teacher less 8453
than the state minimum salary. However, school districts are 8454
authorized to reduce the state minimum salary by a pro rata daily 8455
amount in order to comply with the school district employee 8456
furlough provisions of Section 37-7-308. From and after July 1, 8457
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2012, no school district shall receive any funds under the 8458
provisions of this chapter for any school year during which the 8459
aggregate amount of local supplement is reduced below such amount 8460
for the previous year. However, (a) where there has been a 8461
reduction in total funding formula allocations for such district 8462
in such year, (b) where there has been a reduction in the amount 8463
of federal funds to such district below the previous year, or (c) 8464
where there has been a reduction in ad valorem taxes to such 8465
school district for the 1986-1987 school year below the amount for 8466
the previous year due to the exemption of nuclear generating 8467
plants from ad valorem taxation pursuant to Section 27-35-309, the 8468
aggregate amount of local supplement in such district may be 8469
reduced in the discretion of the local school board without loss 8470
of funds under this chapter. No school district may receive any 8471
funds under the provisions of this chapter for any school year if 8472
the aggregate amount of support from ad valorem taxation shall be 8473
reduced during such school year below such amount for the previous 8474
year; however, where there is a loss in total funding formula 8475
allocations, or where there is or heretofore has been a decrease 8476
in the total assessed value of taxable property within a school 8477
district, the aggregate amount of such support may be reduced 8478
proportionately. Nothing herein contained shall prohibit any 8479
school district from adopting or continuing a program or plan 8480
whereby teachers are paid varying salaries according to the 8481
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teaching ability, classroom performance and other similar 8482
standards. 8483
For purposes of this section, the term "local supplement" 8484
means the additional amount paid to an individual teacher over and 8485
above the salary schedule prescribed in Section 37-19-7 for the 8486
performance of regular teaching duties by that teacher. 8487
SECTION 105. Section 37-151-89, Mississippi Code of 1972, is 8488
brought forward as follows: 8489
37-151-89. The minimum base pay for all classroom teachers 8490
may be increased by the district from any funds available to it. 8491
SECTION 106. Section 37-151-91, Mississippi Code of 1972, is 8492
brought forward as follows: 8493
37-151-91. The school boards of all school districts may 8494
establish salary schedules based on training, experience and other 8495
such factors as may be incorporated therein, including student 8496
progress and performance as developed by the State Board of 8497
Education, paying teachers greater amounts than the scale provided 8498
in Section 37-19-7, but no teacher may be paid less than the 8499
amount based upon the minimum scale of pay provided in Section 8500
37-19-7, and all supplements paid from local funds shall be based 8501
upon the salary schedules so established. The school boards may 8502
call upon the State Department of Education for aid and assistance 8503
in formulating and establishing such salary schedules, and it 8504
shall be the duty of the State Department of Education, when so 8505
called upon, to render such aid and assistance. The amount 8506
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actually paid to each teacher shall be based upon and determined 8507
by the type of license held by such teacher. 8508
SECTION 107. Section 37-151-93, Mississippi Code of 1972, is 8509
brought forward as follows: 8510
37-151-93. (1) Legally transferred students going from one 8511
school district to another shall be counted for total funding 8512
formula allotments by the school district wherein the pupils 8513
attend school, but shall be counted for transportation allotment 8514
purposes in the school district which furnishes or provides the 8515
transportation. The school boards of the school districts which 8516
approve the transfer of a student under the provisions of Section 8517
37-15-31 shall enter into an agreement and contract for the 8518
payment or nonpayment of any portion of their local maintenance 8519
funds which they deem fair and equitable in support of any 8520
transferred student. Except as provided in subsection (2) of this 8521
section, local maintenance funds shall be transferred only to the 8522
extent specified in the agreement and contract entered into by the 8523
affected school districts. The terms of any local maintenance 8524
fund payment transfer contract shall be spread upon the minutes of 8525
both of the affected school district school boards. The school 8526
district accepting any transfer students shall be authorized to 8527
accept tuition from such students under the provisions of Section 8528
37-15-31(1) and such agreement may remain in effect for any length 8529
of time designated in the contract. The terms of such student 8530
transfer contracts and the amounts of any tuition charged any 8531
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transfer student shall be spread upon the minutes of both of the 8532
affected school boards. No school district accepting any transfer 8533
students under the provisions of Section 37-15-31(2), which 8534
provides for the transfer of certain school district employee 8535
dependents, shall be authorized to charge such transfer students 8536
any tuition fees. 8537
(2) Local maintenance funds shall be paid by the home school 8538
district to the transferee school district for students granted 8539
transfers under the provisions of Sections 37-15-29(3) and 8540
37-15-31(3), not to exceed the student base amount, as defined in 8541
Section 37-151-201, multiplied by the number of such legally 8542
transferred students. 8543
SECTION 108. Section 37-151-99, Mississippi Code of 1972, is 8544
brought forward as follows: 8545
37-151-99. Based upon the information obtained pursuant to 8546
Section 37-151-207(3) and upon such other and further information 8547
as provided by law, the State Department of Education shall, on or 8548
before June 1 of each year, or as soon thereafter as is practical, 8549
furnish each school board and charter school the preliminary 8550
estimate of the amount each will receive from the total funding 8551
formula provided in Sections 37-151-200 through 37-151-215 for the 8552
succeeding scholastic year, and at the same time shall furnish 8553
each such school board with a tentative estimate of the cost of 8554
the local minimum tax effort for the total funding formula in the 8555
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school district and the local contribution for the school district 8556
and each charter school for such succeeding fiscal year. 8557
SECTION 109. Section 37-151-101, Mississippi Code of 1972, 8558
is brought forward as follows: 8559
37-151-101. It shall be the duty of the State Department of 8560
Education to file with the State Treasurer and the State Fiscal 8561
Officer such data and information as may be required to enable the 8562
said State Treasurer and State Fiscal Officer to distribute the 8563
total funding formula funds provided in Sections 37-151-200 8564
through 37-151-215 by electronic funds transfer to the several 8565
school districts and charter schools at the time required and 8566
provided under the provisions of this chapter. Such data and 8567
information so filed shall show in detail the amount of funds to 8568
which each school district and charter school is entitled under 8569
the total funding formula. Such data and information so filed may 8570
be revised from time to time as necessitated by law. At the time 8571
provided by law, the State Treasurer and the State Fiscal Officer 8572
shall distribute to the several school districts and charter 8573
schools the amounts to which they are entitled under the total 8574
funding formula as provided by this chapter. Such distribution 8575
shall be made by electronic funds transfer to the depositories of 8576
the several school districts and charter schools designated in 8577
writing to the State Treasurer based upon the data and information 8578
supplied by the State Department of Education for such 8579
distribution. In such instances, the State Treasurer shall submit 8580
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a request for an electronic funds transfer to the State Fiscal 8581
Officer, which shall set forth the purpose, amount and payees, and 8582
shall be in such form as may be approved by the State Fiscal 8583
Officer so as to provide the necessary information as would be 8584
required for a requisition and issuance of a warrant. A copy of 8585
the record of the electronic funds transfers shall be transmitted 8586
by the school district and charter school depositories to the 8587
Treasurer, who shall file duplicates with the State Fiscal 8588
Officer. The Treasurer and State Fiscal Officer shall jointly 8589
promulgate regulations for the utilization of electronic funds 8590
transfers to school districts and charter schools. 8591
SECTION 110. Section 37-151-103, Mississippi Code of 1972, 8592
is brought forward as follows: 8593
37-151-103. (1) Funds due each school district and charter 8594
school under the total funding formula provided in Sections 8595
37-151-200 through 37-151-215 shall be paid in the following 8596
manner: Two (2) business days prior to the last working day of 8597
each month there shall be paid to each school district and charter 8598
school, by electronic funds transfer, one-twelfth (1/12) of the 8599
funds to which the district or charter school is entitled from 8600
funds appropriated for total funding formula. However, in 8601
December those payments shall be made on December 15 or the next 8602
business day after that date. All school districts shall process 8603
a single monthly or a bimonthly payroll for employees, in the 8604
discretion of the local school board, with electronic settlement 8605
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of payroll checks secured through direct deposit of net pay for 8606
all school district employees. In addition, the State Department 8607
of Education may pay school districts and charter schools under 8608
the total funding formula on a date earlier than provided for by 8609
this section if it is determined that it is in the best interest 8610
of school districts and charter schools to do so. 8611
However, if the cash balance in the State General Fund is 8612
not adequate on the due date to pay the amounts due to all school 8613
districts and charter schools in the state as determined by the 8614
State Superintendent of Public Education, the State Fiscal Officer 8615
shall not transfer the funds payable to any school district or 8616
districts or charter schools until money is available to pay the 8617
amount due to all districts and charter schools. 8618
(2) Notwithstanding any provision of this chapter or any 8619
other law requiring the number of children in net enrollment or 8620
the net enrollment of transported children to be determined on the 8621
basis of the preceding year, the State Board of Education is 8622
hereby authorized and empowered to make proper adjustments in 8623
allotments in cases where major changes in the number of children 8624
in net enrollment or the net enrollment of transported children 8625
occurs from one (1) year to another as a result of changes or 8626
alterations in the boundaries of school districts, the sending of 8627
children from one (1) county or district to another upon a 8628
contract basis, the termination or discontinuance of a contract 8629
for the sending of children from one (1) county or district to 8630
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another, a change in or relocation of attendance centers, or for 8631
any other reason which would result in a major decrease or 8632
increase in the number of children in net enrollment or the net 8633
enrollment of transported children during the current school year 8634
as compared with the preceding year. 8635
SECTION 111. Section 37-151-105, Mississippi Code of 1972, 8636
is brought forward as follows: 8637
37-151-105. The State Board of Education shall have the 8638
authority to make such regulations not inconsistent with law which 8639
it deems necessary for the administration of this chapter. The 8640
State Board of Education, if it deems such practice necessary, may 8641
use reports of the first six (6) months of school for the purpose 8642
of determining net enrollment. 8643
SECTION 112. Section 37-151-107, Mississippi Code of 1972, 8644
is brought forward as follows: 8645
37-151-107. Any superintendent of education, member of the 8646
local school board of any school district, superintendent, 8647
principal, teacher, carrier, bus driver or member or employee of 8648
the State Department of Education or State Board of Education, or 8649
any other person, who shall willfully violate any of the 8650
provisions of this chapter, or who shall willfully make any false 8651
report, list or record, or who shall willfully make use of any 8652
false report, list or record, concerning the number of school 8653
children in net enrollment shall be guilty of a misdemeanor and 8654
upon conviction shall be punished by imprisonment in the county 8655
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jail for a period not to exceed sixty (60) days or by a fine of 8656
not less than One Hundred Dollars ($100.00), nor more than Three 8657
Hundred Dollars ($300.00), or by both such fine and imprisonment, 8658
in the discretion of the court. In addition, any such person 8659
shall be civilly liable for all amounts of public funds which are 8660
illegally, unlawfully or wrongfully expended or paid out by virtue 8661
of or pursuant to such false report, list or record, and upon 8662
conviction or adjudication of civil liability hereunder, such 8663
person shall forfeit his license to teach for a period of three 8664
(3) years, if such person is the holder of such a license. Any 8665
suit to recover such funds illegally, unlawfully or wrongfully 8666
expended or paid out may be brought in the name of the State of 8667
Mississippi by the Attorney General or the proper district 8668
attorney or county attorney, and, in the event such suit is 8669
brought against a person who is under bond, the sureties upon such 8670
bond shall likewise be liable for such amount illegally, 8671
unlawfully or wrongfully expended or paid out. 8672
SECTION 113. Section 37-173-9, Mississippi Code of 1972, is 8673
brought forward as follows: 8674
37-173-9. (1) (a) The parent or legal guardian is not 8675
required to accept the offer of enrolling in another public school 8676
in lieu of requesting a Mississippi Dyslexia Therapy Scholarship 8677
to a nonpublic school. However, if the parent or legal guardian 8678
chooses the public school option, the student may continue 8679
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attending a public school chosen by the parent or legal guardian 8680
until the student completes Grade 12. 8681
(b) If the parent or legal guardian chooses a public 8682
school within the district, the school district shall provide 8683
transportation to the public school selected by the parent or 8684
legal guardian. However, if the parent or legal guardian chooses 8685
a public school in another district, the parent or legal guardian 8686
is responsible to provide transportation to the school of choice. 8687
These provisions do not prohibit a parent or legal guardian 8688
of a student diagnosed with dyslexia, at any time, from choosing 8689
the option of a Mississippi Dyslexia Therapy Scholarship which 8690
would allow the student to attend another public school or 8691
nonpublic special purpose school. 8692
(2) If the parent or legal guardian chooses the nonpublic 8693
school option and the student is accepted by the nonpublic school 8694
pending the availability of a space for the student, the parent or 8695
legal guardian of the student must notify the department thirty 8696
(30) days before the first scholarship payment and before entering 8697
the nonpublic school in order to be eligible for the scholarship 8698
when a space becomes available for the student in the nonpublic 8699
school. 8700
(3) The parent or legal guardian of a student may choose, as 8701
an alternative, to enroll the student in and transport the student 8702
to a public school in an adjacent school district which has 8703
available space and has a program with dyslexia services that 8704
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provide daily dyslexia therapy sessions delivered by a department 8705
licensed dyslexia therapist, and that school district shall accept 8706
the student and report the student for purposes of the district's 8707
funding under the total funding formula provided in Sections 8708
37-151-200 through 37-151-215. 8709
SECTION 114. Section 37-173-13, Mississippi Code of 1972, is 8710
brought forward as follows: 8711
37-173-13. (1) The maximum scholarship granted per eligible 8712
student with dyslexia shall be an amount equivalent to the student 8713
base amount under the total funding formula provided in Sections 8714
37-151-200 through 37-151-215. 8715
(2) (a) The nonpublic school under this program shall 8716
report to the State Department of Education the number of students 8717
with dyslexia who are enrolled in nonpublic schools on the 8718
Mississippi Dyslexia Therapy Scholarships as of September 30 of 8719
each year in order to determine funding for the subsequent year. 8720
Funds may not be transferred from any funding provided to the 8721
Mississippi School for the Deaf and the Blind for program 8722
participants who are eligible under Section 37-173-5. 8723
(b) The State Department of Education will disburse 8724
payments to nonpublic schools under this program in twelve (12) 8725
substantially equal installments. The initial payment shall be 8726
made after department verification of admission acceptance, and 8727
subsequent payments shall be made upon verification of continued 8728
enrollment and attendance at the nonpublic school. 8729
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SECTION 115. Section 37-175-13, Mississippi Code of 1972, is 8730
brought forward as follows: 8731
37-175-13. (1) The maximum scholarship granted per eligible 8732
student with speech-language impairment shall be an amount 8733
equivalent to the state share of per student funding under the 8734
total funding formula provided in Sections 37-151-200 through 8735
37-151-215 in the school district in which a student resides. 8736
(2) (a) Any nonpublic school under this program shall 8737
report to the State Department of Education the number of students 8738
with speech-language impairment who are enrolled in nonpublic 8739
schools on the Mississippi Speech-Language Therapy Scholarships as 8740
of September 30 of each year in order to determine funding for the 8741
subsequent year. Funds may not be transferred from any funding 8742
provided to the Mississippi School for the Deaf and the Blind for 8743
program participants who are eligible under Section 37-175-5. 8744
(b) The State Department of Education shall make 8745
payments to nonpublic schools for each student at the nonpublic 8746
school equal to the state share of the total funding formula 8747
payments for each student in net enrollment at the school district 8748
from which the student transferred. In calculating the local 8749
contribution for purposes of determining the state share of the 8750
total funding formula payments, the department shall deduct the 8751
pro rata local contribution of the school district in which the 8752
student resides, to be determined as provided in Section 8753
37-151-211(2). 8754
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(c) Payments made pursuant to this subsection by the 8755
State Department of Education must be made at the same time and in 8756
the same manner as the total funding formula payments are made to 8757
school districts under Sections 37-151-101 and 37-151-103. 8758
Amounts payable to a nonpublic school must be determined by the 8759
State Department of Education. 8760
(3) If the parent opts to remove a child from a public 8761
school to a nonpublic special purpose school and to receive a 8762
scholarship under this chapter, then transportation shall be 8763
provided at the parent's or guardian's expense. 8764
SECTION 116. Section 37-179-3, Mississippi Code of 1972, is 8765
brought forward as follows: 8766
37-179-3. (1) A district which is an applicant to be 8767
designated as a district of innovation under Section 37-179-1 8768
shall: 8769
(a) Establish goals and performance targets for the 8770
district of innovation proposal, which may include: 8771
(i) Reducing achievement gaps among groups of 8772
public school students by expanding learning experiences for 8773
students who are identified as academically low-achieving; 8774
(ii) Increasing pupil learning through the 8775
implementation of high, rigorous standards for pupil performance; 8776
(iii) Increasing the participation of students in 8777
various curriculum components and instructional components within 8778
selected schools to enhance at each grade level; 8779
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(iv) Increasing the number of students who are 8780
college and career-ready; 8781
(v) Motivating students at different grade levels 8782
by offering more curriculum choices and student learning 8783
opportunities to parents and students within the district; 8784
(b) Identify changes needed in the district and schools 8785
to lead to better prepared students for success in life and work; 8786
(c) Have a district wide plan of innovation that 8787
describes and justifies which schools and innovative practices 8788
will be incorporated; 8789
(d) Provide documentation of community, educator, 8790
parental, and the local board's support of the proposed 8791
innovations; 8792
(e) Provide detailed information regarding the 8793
rationale of requests for waivers from Title 37, Mississippi Code 8794
of 1972, which relate to the elementary and secondary education of 8795
public school students, and administrative regulations, and 8796
exemptions for selected schools regarding waivers of local school 8797
board policies; 8798
(f) Document the fiscal and human resources the board 8799
will provide throughout the term of the implementation of the 8800
innovations within its plan; and 8801
(g) Provide other materials as required by the 8802
department in compliance with the board's administrative 8803
regulations and application procedures. 8804
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(2) The district and all schools participating in a 8805
district's innovation plan shall: 8806
(a) Ensure the same health, safety, civil rights, and 8807
disability rights requirements as are applied to all public 8808
schools; 8809
(b) Ensure students meet compulsory attendance 8810
requirements under Sections 37-13-91 and 37-13-92; 8811
(c) Ensure that high school course offerings meet or 8812
exceed the minimum required under Sections 37-16-7 and 37-3-49, 8813
for high school graduation or meet early graduation requirements 8814
that may be enacted by the Mississippi Legislature; 8815
(d) Ensure the student performance standards meet or 8816
exceed those adopted by the State Board of Education as required 8817
by Sections 37-3-49, 37-16-3 and 37-17-6, including compliance 8818
with the statewide assessment system specified in Chapter 16, 8819
Title 37, Mississippi Code of 1972; 8820
(e) Adhere to the same financial audits, audit 8821
procedures, and audit requirements as are applied under Section 8822
7-7-211(e); 8823
(f) Require state and criminal background checks for 8824
staff and volunteers as required of all public school employees 8825
and volunteers within the public schools and specified in Section 8826
37-9-17; 8827
(g) Comply with open records and open meeting 8828
requirements under Sections 25-41-1 et seq. and 25-61-1 et seq.; 8829
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(h) Comply with purchasing requirements and limitations 8830
under Chapter 39, Title 37, Mississippi Code of 1972; 8831
(i) Provide overall instructional time that is 8832
equivalent to or greater than that required under Sections 37-1-11 8833
and 37-13-67, but which may include on-site instruction, distance 8834
learning, online courses, and work-based learning on 8835
nontraditional school days or hours; and 8836
(j) Provide data to the department as deemed necessary 8837
to generate school and district reports. 8838
(3) (a) Only schools that choose to be designated as 8839
schools of innovation shall be included in a district's 8840
application; 8841
(b) As used in this paragraph, "eligible employees" 8842
means employees that are regularly employed at the school and 8843
those employees whose primary job duties will be affected by the 8844
plan; and 8845
(c) Notwithstanding the provisions of paragraph (a) of 8846
this subsection, a local school board may require a school that 8847
has been identified as a persistently low-achieving school under 8848
provisions of Section 37-17-6 to participate in the district's 8849
plan of innovation. 8850
(4) Notwithstanding any statutes to the contrary, the board 8851
may approve the requests of districts of innovation to: 8852
(a) Use capital outlay funds for operational costs; 8853
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(b) Hire persons for classified positions in 8854
nontraditional school and district assignments who have bachelors 8855
and advanced degrees from postsecondary education institutions 8856
accredited by a regional accrediting association (Southern 8857
Association of Colleges and Schools) or by an organization 8858
affiliated with the National Commission on Accrediting; 8859
(c) Employ teachers on extended employment contracts or 8860
extra duty contracts and compensate them on a salary schedule 8861
other than the single salary schedule; 8862
(d) Extend the school days as is appropriate within the 8863
district with compensation for the employees as determined 8864
locally; 8865
(e) Establish alternative education programs and 8866
services that are delivered in nontraditional hours and which may 8867
be jointly provided in cooperation with another school district or 8868
consortia of districts; 8869
(f) Establish online classes within the district for 8870
delivering alternative classes in a blended environment to meet 8871
high school graduation requirements; 8872
(g) Use a flexible school calendar; 8873
(h) Convert existing schools into schools of 8874
innovation; and 8875
(i) Modify the formula under Chapter 151, Title 37, 8876
Mississippi Code of 1972, for distributing total funding formula 8877
funds for students in net enrollment in nontraditional programming 8878
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time, including alternative programs and virtual programs. Funds 8879
granted to a district shall not exceed those that would have 8880
otherwise been distributed based on net enrollment during regular 8881
instructional days. 8882
SECTION 117. Section 37-181-7, Mississippi Code of 1972, is 8883
brought forward as follows: 8884
37-181-7. (1) New enrollment in the ESA program created in 8885
this chapter shall be limited to five hundred (500) additional 8886
students each year. Subject to appropriation from the General 8887
Fund, each student's ESA shall be funded at Six Thousand Five 8888
Hundred Dollars ($6,500.00) for school year 2015-2016. For each 8889
subsequent year, this amount shall increase or decrease by the 8890
same proportion as the student base amount under Section 8891
37-151-203 is increased or decreased. 8892
(2) Subject to appropriation, eligible students shall be 8893
approved for participation in the ESA program as follows: 8894
(a) Students shall be approved on a first-come, 8895
first-served basis, with applications being reviewed on a rolling 8896
basis; 8897
(b) After participation reaches fifty percent (50%) of 8898
the annual enrollment limits in subsection (1) of this section, 8899
the department shall set annual application deadlines for the 8900
remaining number of available ESAs and begin to maintain a waiting 8901
list of eligible students. The waitlist shall only include 8902
eligible students who have certified to the department that they 8903
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have been accepted into an eligible school qualified to provide 8904
services for the participating student's disability or special 8905
education needs, or provide services addressing a participating 8906
student's IEP. The waitlist will be maintained in the 8907
chronological order in which applications are received. The 8908
department shall award ESA program applications in chronological 8909
order according to the waitlist; and 8910
(c) Participating students who remain eligible for the 8911
ESA program are automatically approved for participation for the 8912
following year and are not subject to the random selection 8913
process. 8914
(3) No funds for an ESA may be expended from the total 8915
funding formula funds provided in this chapter, nor shall any 8916
school district be required to provide funding for an ESA. 8917
SECTION 118. Section 65-26-9, Mississippi Code of 1972, is 8918
brought forward as follows: 8919
65-26-9. (1) There is hereby created in the State Treasury 8920
a special fund to be known as the Tennessee-Tombigbee Waterway 8921
Bridge Bond Retirement Fund. All revenues pledged for the payment 8922
of the principal of and interest on the bonds authorized to be 8923
issued by this chapter shall be deposited into the bond retirement 8924
fund. Expenditures from the bond retirement fund shall be made 8925
only in accordance with this section. 8926
(2) Subject to the provisions of subsection (3) of this 8927
section, amounts on deposit in the bond retirement fund and not 8928
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PAGE 362 (DJ\KP)
immediately required for the making of any payments therefrom 8929
shall be invested in interest-bearing certificates of deposit in 8930
accordance with the provisions of Section 27-105-33, except 8931
interest so earned shall be credited to the bond retirement fund. 8932
(3) (a) There is hereby established within the bond 8933
retirement fund two (2) separate accounts as follows: (i) the 8934
"Tennessee-Tombigbee General Account"; and (ii) the 8935
"Tennessee-Tombigbee Principal and Interest Account." 8936
(b) (i) All amounts held in the bond retirement fund 8937
on April 23, 1986, and all amounts thereafter deposited in the 8938
bond retirement fund, shall be credited to the Tennessee-Tombigbee 8939
General Account. 8940
(ii) Until such time as the transfer of funds from 8941
the Tennessee-Tombigbee General Account to the Tennessee-Tombigbee 8942
Principal and Interest Account occurs as provided in paragraph 8943
(b)(iii) of this subsection, amounts in the general account shall 8944
be applied to the following purposes and in the following order of 8945
priority: first, to the extent required, to the payment, the 8946
principal of, redemption premium, if any, and interest on general 8947
obligation bonds; second, to the extent required, to the General 8948
Fund of the state to reimburse the state for expenditures in 8949
excess of twenty-five percent (25%) of the total costs of the 8950
principal and interest on bonds issued under authority of 8951
subsection (1) of Section 65-26-15 and for all expenditures for 8952
costs of the principal of and interest on bonds issued under 8953
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authority of subsection (2) of Section 65-26-15; and third, to the 8954
extent required, if any, to the bridge construction fund created 8955
in Section 65-26-25 to make current payments to meet contractual 8956
obligations for bridge construction. 8957
(iii) Upon certification of the State Treasurer, 8958
filed with and approved by the State Bond Commission, that the 8959
amount on deposit in the Tennessee-Tombigbee General Account, 8960
together with earnings on investments to accrue to it, is equal to 8961
or greater than the aggregate of the entire principal, redemption 8962
premium, if any, and interest due and to become due, until the 8963
final maturity date or earlier scheduled redemption date thereof, 8964
on all general obligation bonds outstanding as of the date of such 8965
certification, then the State Treasurer shall transfer from the 8966
Tennessee-Tombigbee General Account to the Tennessee-Tombigbee 8967
Principal and Interest Account an amount equal to the entire 8968
principal, redemption premium, if any, and interest due and to 8969
become due, until the final maturity date or scheduled redemption 8970
date thereof, on all general obligation bonds outstanding as of 8971
the date of such transfer. The State of Mississippi hereby 8972
covenants with the holders from time to time of general obligation 8973
bonds that amounts deposited in the Tennessee-Tombigbee Principal 8974
and Interest Account will be applied solely to the payment of the 8975
principal of, redemption premium, if any, and interest on general 8976
obligation bonds. 8977
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(iv) After the date of the transfer from the 8978
general account to the principal and interest account contemplated 8979
by paragraph (b)(iii) of this subsection, amounts from time to 8980
time on deposit in the Tennessee-Tombigbee General Account shall 8981
be applied monthly to the following purposes and in the following 8982
order of priority: first, to the extent required, to the payment 8983
of the principal of, redemption premium, if any, and interest on 8984
general obligation bonds issued under this chapter; second, to the 8985
extent required, to the General Fund of the state to reimburse the 8986
state for expenditures in excess of twenty-five percent (25%) of 8987
the total costs of the principal and interest on bonds issued 8988
under authority of subsection (1) of Section 65-26-15 and for all 8989
expenditures for costs of the principal of and interest on bonds 8990
issued under authority of subsection (2) of Section 65-26-15; and 8991
third, to the extent required, if any, to the bridge construction 8992
fund created in Section 65-26-25 to make current payments to meet 8993
contractual obligations for bridge construction. 8994
(4) It is the intent of the Legislature that all outstanding 8995
general obligation bonds issued under this chapter shall be 8996
retired by the State Bond Commission on the earliest scheduled 8997
redemption date thereof, provided that there are sufficient funds 8998
in the bond retirement fund together with earnings on investments 8999
to accrue to it. When the principal of, redemption premium, if 9000
any, and interest on all such outstanding general obligation bonds 9001
are paid in full, then any amounts remaining in the bond 9002
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retirement fund, or separate accounts therein, together with 9003
earnings on investments to accrue to it, shall be apportioned and 9004
paid as follows: 9005
(a) Three Million Five Hundred Thousand Dollars 9006
($3,500,000.00) of such funds shall be paid into the appropriate 9007
fund for use by the Yellow Creek State Inland Port Authority for 9008
equipment or facilities necessary to the operation of the port. 9009
(b) Three Million Five Hundred Thousand Dollars 9010
($3,500,000.00) shall be paid into the State General Fund. 9011
(c) Seven Million Five Hundred Thousand Dollars 9012
($7,500,000.00) shall be paid to Tishomingo County. Of the Seven 9013
Million Five Hundred Thousand Dollars ($7,500,000.00), (i) Two 9014
Million Five Hundred Thousand Dollars ($2,500,000.00) shall be 9015
placed by the county in a special trust fund, the principal of 9016
which shall remain inviolate and the interest on which shall be 9017
expended solely for improvement of elementary and secondary 9018
education in Tishomingo County and distributed among the school 9019
districts therein based on the net enrollment in each, and (ii) 9020
Five Million Dollars ($5,000,000.00) shall be placed in the county 9021
general fund and may be expended for general county purposes. 9022
(d) The balance of such funds shall be paid to the 9023
counties of Alcorn, Chickasaw, Clay, Itawamba, Lee, Lowndes, 9024
Monroe, Noxubee, Kemper, Pontotoc, Prentiss and Tishomingo. Such 9025
funds shall be paid to such counties in the proportion that each 9026
county's contribution to the bridge bond fund bears to the total 9027
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ST: Mississippi Student Funding Formula; bring
forward provisions related to.
contribution from all twelve (12) counties; however, no county 9028
shall be paid more than Five Million Dollars ($5,000,000.00) under 9029
this paragraph (d). Such funds shall be deposited by the county 9030
into a special account to be expended solely for economic 9031
development purposes. No expenditure of funds from the special 9032
account shall be made unless the amount to be expended from the 9033
special account is matched by other county funds in an amount 9034
equal to fifteen percent (15%) of the special account funds to be 9035
expended and until the Mississippi Development Authority, upon 9036
application by the board of supervisors, has certified that the 9037
proposed expenditure is for economic development purposes and has 9038
approved the expenditure for such purposes; provided, however, the 9039
fifteen percent (15%) match hereinabove imposed shall not be 9040
required when the proposed expenditure for economic development 9041
purposes is on land owned or leased by the federal, state, county 9042
or municipal government. 9043
SECTION 119. This act shall take effect and be in force from 9044
and after July 1, 2026, and shall stand repealed on June 30, 2026. 9045